Election Commission Submits To Supreme Court Schedule For Bye Election For Manicktala Constituency In West Bengal

The Election Commission of India submitted to the Supreme Court in a sealed cover the schedule for holding a bye-election for the Manicktala Assembly Constituency in the West Bengal Legislative Assembly.

The Bench Comprising Justices PK Mishra and KV Viswanathan heard the matter.  

The bye-election schedule was submitted pursuant to the last opportunity granted to the Election Commission of India to submit the bye-election schedule.

Today, the Counsel appearing for ECI submitted that the was submitted in a sealed cover as the public announcement of the schedule might impact the model code of conduct.

Thereafter, perusing the sealed cover submitted by the ECI, the Court was inclined to accept the schedule submitted by the ECI and noted that there's no need to keep the matter pending since the ECI is likely to proceed with the process of holding the bye-elections as per the schedule submitted in the Court.

Accordingly, the court disposed of the pending Civil Appeals.

To recapitulate, the Court was hearing a petition seeking to hold a bye-election in Assembly Constituency 167-Manicktala and fill the casual vacancy in the Legislative Assembly of West Bengal which arose due to the death of Sadhan Pande, the election winner in the 2021 State Assembly elections for the constituency, in February 2022.

The bye-election was stalled because of the pending election petition filed by BJP leader Kalyan Chaubey challenging the election of Sadhan Pande in the West Bengal Assembly Election 2021.

The vacancy to the Manicktala constituency became available w.e.f. 09.05.2024 i.e., the date on which the Calcutta High Court has dismissed the Election Petition as withdrawn vide order dated 09.05.2024.

On previous occasions, the Court also directed the ECI to submit the schedule, following which the bye-election could be held as soon as possible.

Case Title: SUVENDU DEY VS. ELECTION COMMISSION OF INDIA., DIARY NO. - 19472/2023