Today(on 3rd June), The Election Commission of India submitted the by-poll schedule for the Maniktala constituency in West Bengal to the Supreme Court, addressing a two-year gap in representation. The strategic presentation in sealed covers aimed to prevent the immediate imposition of the model code of conduct.
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NEW DELHI: Today(on 3rd June), The Election Commission of India (ECI) has officially handed over the schedule for conducting by-polls in the Maniktala constituency of West Bengal to the Supreme Court. This constituency has been without a representative in the State Legislative Assembly for over two years, creating a significant gap in public representation.
The ECI presented the proposed election schedule in sealed covers to the Vacation Bench comprising Justices Prashant Kumar Mishra and KV Viswanathan. This move was strategic to avoid the immediate imposition of the model code of conduct (MCC), which would be triggered by any public announcement of the schedule.
“We must now bring this matter to a close. The Election Commission has demonstrated exceptional speed and enthusiasm.”
-Justice Viswanathan remarked as the Court proceeded to dispose of the petition.
The petition was brought forth by residents of the Maniktala constituency who were concerned about the lack of a state-level public representative.
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The petitioners notified the Supreme Court that delays in the notification of by-polls for the constituency were being caused by Bharatiya Janata Party (BJP) leader Kalyan Chaubey‘s lack of cooperation and failure to appear in an election petition he filed before the Calcutta High Court. Chaubey, who contested and lost the 2021 West Bengal assembly elections from the Maniktala seat against Trinamool Congress Party (TMC) leader Sadhan Pande, was mentioned in the petition.
The Court’s resolution to dismiss the petition indicates a significant advancement in addressing the prolonged absence of representation for the people of Maniktala. The timely action by the ECI and the decisive response from the Court underscore the critical importance of upholding democratic processes and preventing constituencies from being without representation for extended periods.
By handing over the election schedule in sealed covers, the ECI has demonstrated its commitment to maintaining the integrity of the election process while adhering to legal protocols. This action is expected to pave the way for the timely conduct of by-polls, ensuring that the residents of Maniktala will soon have a representative in the State Legislative Assembly.
The ongoing election petition filed by BJP leader Chaubey has witnessed notable advancements this year, potentially paving the way for the scheduling of by-polls in the relevant constituency. Initially contesting the election results favoring his opponent Pande, Chaubey found the case in limbo following Pande’s unfortunate demise in 2022.
Local residents expressed frustration over Chaubey’s infrequent appearances before the High Court, claiming that his absences were a major factor in delaying the case. This delay in turn stalled the Election Commission’s ability to announce a by-poll, leaving the constituency without representation. Residents from the area later alleged that Chaubey’s failure to appear before the High Court in this case was delaying its disposal and, consequently, preventing the election commission from issuing a by-poll notification.
Recognizing the urgency of the matter, the Supreme Court intervened in August 2023, directing the Calcutta High Court to fast-track the hearing of the election petition. The apex court’s involvement escalated in April of the following year when it issued a show-cause notice to Chaubey.
This notice was a response to what the Supreme Court perceived as willful non-compliance with its orders, prompting them to question Chaubey’s suitability to hold significant positions in sports administration. In April this year, the Supreme Court issued a show-cause notice to Chaubey in the matter, while taking critical note that the BJP leader appeared to be willfully defying court orders.
Moreover, the Supreme Court raised concerns regarding Chaubey’s roles in prominent sports bodies, questioning, At the time, the Court also asked Chaubey to explain why he should not be relieved from the posts of President of All India Football Federation (AIFF) and joint secretary of the Indian Olympic Association (IOA).
Ultimately, a resolution appeared to be on the horizon when the Supreme Court, on May 6, opened the door for Chaubey to voluntarily withdraw his election petition. This decision was crucial as it removed all legal barriers, facilitating the notification and organization of by-polls in the area.
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On May 6, the Supreme Court observed that Chaubey could be allowed to withdraw his election petition. The petition was accordingly withdrawn from the High Court days later, leaving no legal hurdle for the notification of by-polls.
The legal dispute was managed by experienced advocates, with Senior Advocate Devadatt Kamat supporting the petitioners and Senior Advocate PS Patwalia representing Chaubey.
