Unacceptable That ECI Cannot Hold Pune Lok Sabha Bypoll Due To Being Busy With Other Elections: Bombay High Court

The Bombay High Court on Monday deemed untenable the Election Commission of India's (ECI) stand that it cannot conduct a bye-election for the Pune Lok Sabha constituency due to its engagement in other electoral activities across the country, including preparations for the 2024 Lok Sabha elections.

A division bench of Justice GS Patel and Justice Kamal Khata remarked that this was an unacceptable reason and that not conducting a bye-election would be more understandable in regions marked by political unrest, citing Manipur as an example.

“If like Manipur there is a law-and-order problem, and you (ECI) physically cannot conduct election that we understand. But being otherwise occupied is not an answer”, the court remarked.

The court was hearing a petition filed by Pune resident Sughosh Joshi, challenging the certificate issued by the ECI, which stated the unfeasibility of holding a bye-election for the vacant Pune Lok Sabha seat. The vacancy arose following the demise of Member of Parliament Girish Bapat on March 29, 2023.

The ECI had stated its inability to organize the elections due to being busy with recent assembly elections and the prelude to the 2024 Lok Sabha elections. The commission contended that even if the polls were held at present, the elected candidate's term would be limited to a year.

Advocate Kushal Mor for the petitioner argued that bye-elections had been successfully conducted in other constituencies after similar vacancies emerged. The bench directed Mor to compile these details in an affidavit and scheduled further hearings for December 13.

Sughosh Joshi, in his petition filed by advocates Dayaar Singla and Shraddha Swarup, invoked Section 151A of the Representation of People Act, asserting that the vacant seat should be filled through a bye-election within six months. Joshi highlighted the absence of parliamentary representation for constituents in recent months, especially concerning significant delays in developmental projects in Pune. He contended that the failure to conduct by-elections amounted to a violation of the electorate's rights.

Case Title – Sughosh Joshi v. ECI