A Public Interest Litigation (PIL) petition has been moved to Calcutta HC, challenging the Election Commission of India’s (ECI) decision to ‘prioritize the Bhowanipore Assembly Constituency bye-elections,’ Live Law reported.
A notification by the ECI has already been issued to conduct the by-election in the 159-Bhabanipur Assembly Constituency on September 30, emphasizing the exigency special request received from the Chief Secretary, Government of West Bengal to hold the bye-election.
The PIL questions the request made by the Chief Secretary to the ECI to hold the bye-elections in Bhabanipur Constituency, ‘in view of administrative exigencies and public interest and to avoid a vacuum in the State’.
Eminently, the Chief Secretary in his letter had mentioned the fact that West Bengal Chief Minister Mamata Banerjee would be contesting the by-poll in Bhowanipore on September 30.
Against this backdrop, the PIL, filed by one Sayan Banerjee avers that the priority to hold the bye-elections amidst a deadly Covid-19 pandemic is based on unreasonable, mala fide and undue influence caused by an unelected CM to interfere with the free and fair democratic process of elections, according to reports.
Referring to the letter of the West Bengal Chief Secretary, the ECI, while issuing poll notification had issued a statement, “While the Commission has decided not to hold by-elections in other 31 Assembly constituencies across the country, considering the constitutional exigency and special request from the state of West Bengal, it has decided to hold the by-election in Bhowanipore.”
Therefore, the plea contends that the West Bengal Chief Secretary has created an extraordinary situation to favor the Banerjee to save her from the constitutional consequence under Article 164(4} of the Constitution of India, 1950.
“The plea has averred that the Chief Secretary is very much enthusiastic to pursue the intention of a Chief Minister who is not a member of the legislature so as to save her from Constitutional consequences under 164(4) of the Constitution of India,” it said.
Apart from this, the plea also states that the Chief Secretary, by writing the letter, acted beyond the service rules which state that: “No member of the service shall canvass or otherwise interfere with, or use his influence in connection with, or take part in, on election to any legislature or local authority….”
The prayers in the plea
Respondents should be directed to transmit all letters and memos related to the by polls in all three vacant Assembly seats of the Bengal Legislative Assembly to the Court so that honest justice would be granted.
Respondents should be directed to rescind the memo dated 04.09.2021 issued by the ECI and all subsequent action taken based on said decision in regards to the Bhabanipur and direct Election Commission to initiate delivery action against Assembly Constituency the Chief Secretary.
Respondents should be directed to transmit the entire case records to the Court so that justice would be delivered.
An interim order of injunction in respect to the Memo issued by the Election Commission regarding the Bhabanipur Assembly Constituency.
