Supreme Court Grants Last Opportunity To Election Commission To Submit Schedule For Conducting Bye-Poll At West Bengal Assembly Constituency

The Supreme Court on Friday (May 17) granted a last opportunity to the Election Commission of India to submit the schedule for conducting the bye-election at Manicktala Constituency in Kolkata, West Bengal after the assembly seat fell vacant due to the dismissal of the election petition filed by the returning candidate challenging the election of TMC MLA Sadhan Pandey.

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available w.e.f. 09.05.2024 i.e., the date on which the Calcutta High Court has dismissed the Election Petition as withdrawn vide order dated 09.05.2024.

Previously, the bench comprising Justices Surya Kant and KV Viswanathan directed the ECI to submit the schedule, in accordance with which the bye-election shall be held at the earliest.

Yesterday, the counsel representing the ECI informed the court that the Commission is not backing from holding the bye-election, but due to ongoing General Elections, 2024, there might be an impediment in holding the same immediately. He reasoned that the exercise of conducting the bye-election may require movement of the election workers, officials from one place to another and other logistic support.

However, the bench was not inclined to accept the reasons submitted by the ECI Counsel and asked him to hold the bye-election as soon as possible.

The counsel also submitted that the Representation of Peoples Act, 1951, mentions a maximum time limit of six months for conducting the bye-election to fill the vacant seat, however, the court despite acknowledging the mandate of law asked the ECI to hold the bye-election as early as possible and provided a last opportunity to the ECI to submit the schedule of bye-election within two weeks.

The matter is next posted on June 3, 2024.

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

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