The Calcutta High Court on Tuesday rejected a PIL challenging the Election Commission of India (ECI)’s decision to schedule the by-election for September 30.
The Calcutta High Court on Tuesday rejected a PIL challenging the Election Commission of India (ECI)’s decision to schedule the by-election for September 30. The court said it was inappropriate on the part of the West Bengal chief secretary to have written such a letter in which he had appealed to the election commission for holding the by-election at Bhabanipur.
Last week, the high court had concluded hearing on the matter and reserved judgement on the PIL, filed by Sayan Banerjee.
The PIL had claimed that the Election Commission in a statement had noted that it had decided to hold by-election to Bhabanipur constituency “considering the constitutional exigency and special request from state of West Bengal”.
Last week, a division bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj had pulled up the Election Commission and turned down the affidavit filed by the poll body on ‘prioritising’ the September 30 bypolls in the Bhabanipur assembly constituency.
The court had rejected the affidavit saying that it was not submitted in the right format and failed to clarify why there will be a ‘constitutional crisis’ if the bypoll does not happen.
The bypoll will see a traingular contest between West Bengal Chief Minister Mamata Banerjee, BJP’s Priyanka Tibrewal and CPI (M)‘s Srijib Biswas. The Congress has decided not to field a candidate there. The voting will be held on September 30 and the counting of votes will be done on October 3.
Bypoll to Bhabanipur was necessitated following the resignation of Trinamool Congress MLA Sovandeb Chattopadhyay to facilitate Chief Minister Mamata Banerjee’s election to the assembly. Banerjee lost in Nandigram, as per the results of the assembly election declared by the EC in May.
According to the constitutional provision, a person has to get elected within six months of taking oath as a chief minister or a minister. She took oath as chief minister for the third consecutive term on May 5.