Today(on 6th May), BJP leader and AIFF president Kalyan Chaubey has moved to withdraw his 2021 Maniktala assembly constituency election petition in West Bengal, informing the Supreme Court. He has filed the withdrawal application in the Calcutta High Court.
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NEW DELHI: Kalyan Chaubey, a BJP leader and the president of the All India Football Federation (AIFF), has taken a significant action by requesting the withdrawal of his election petition concerning the 2021 election outcome for the Maniktala assembly constituency in West Bengal. This announcement was made to the Supreme Court today(on 6th May), indicating that Chaubey has already filed the withdrawal application in the Calcutta High Court.
Background:
The Maniktala assembly seat was initially won by senior Trinamool Congress (TMC) leader Sadhan Pande, who defeated Chaubey. Following the election, Chaubey challenged the result in the Calcutta High Court, alleging electoral violence by his opponent. However, Pande passed away on February 20, 2022. The Election Commission (EC) decided against holding a by-election for the seat, citing the pending petition in the Calcutta High Court.
During a recent hearing, a bench comprising Justices Surya Kant and KV Viswanathan addressed Chaubey’s request for withdrawal of his election petition. Represented by senior advocate PS Patwalia, Chaubey‘s submission was noted by the bench, which directed the Calcutta High Court to address the application on May 9, when the matter is scheduled for a hearing.
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“The bench mentioned that there is no obstacle for the high court to consider the withdrawal of the election petition,”
-stated the bench.
“Therefore, we anticipate the high court to issue the order on May 9, when the case is heard.”
The Supreme Court also noted that once the withdrawal is approved, the Election Commission might decide on a by-election under Section 151(A) of the Representation of the People Act. The bench asked the poll panel’s counsel to seek instructions on conducting a by-election for the Maniktala assembly constituency and scheduled the next hearing for May 13.
During the proceedings, senior advocate Devadatt Kamat, representing petitioner Suvendu Dey and others, highlighted the urgency of holding a by-election.
Kamat stated-
“If the issue is addressed promptly, and a decision is made today, the Election Commission can proceed with holding a by-election for the assembly seat concurrently with the Lok Sabha poll in the Kolkata (North) constituency on June 1.”
The bench inquired if it was feasible to align the Maniktala by-election with the polling for the Kolkata (North) Lok Sabha constituency, of which it is a part. The EC’s counsel stated that the withdrawal of the election petition is a prerequisite, and other factors like poll preparedness must also be considered.
At the outset, Patwalia informed the bench that Chaubey intends to withdraw the election petition, with the application listed before the Calcutta High Court on May 9.
The Supreme Court, on April 26, reprimanded Chaubey for utilizing various delaying tactics in the resolution of the election petition. The bench also served him a show-cause notice, highlighting that his legal representatives were cooperating with him in seeking postponements based on unfounded reasons.
The court additionally inquired why Chaubey should not be relieved of his duties as the AIFF chief and acting CEO of the Indian Olympic Association (IOA) by means of a judicial order. This, the court argued, would allow him to dedicate his full attention to concluding the election petition proceedings.
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The court proposed that Chaubey should give an undertaking that he has “no objection” if the petition is taken up on a day-to-day basis and concluded by July 1, 2024. It warned that if he failed to appear at the next hearing, coercive actions, including bailable warrants of arrest, might be issued to ensure his presence, stating-
“We are convinced that he is intentionally and deliberately disregarding the court’s directives.”
The court also indicated that the election petition might be transferred to the Delhi High Court if Chaubey did not comply with the court’s directives.