Apex Court Directs BJP Leader Kalyan Chaubey To Show Cause Why He Should Not Be Relieved From His Posts As President Of AIFF And CEO Of IOC
The Supreme Court directed Bhartiya Janta Party Leader Kalyan Chaubey to appear before the Calcutta High Court in his election petition, failing of which the Court will take coercive steps against him including non-bailable warrants.
The Court issued a show cause notice to Kalyan Chaubey to show cause why he should not be relieved from his duties as the President of the All India Football Federation and Acting CEO of the Indian Olympic Association.
The Court was hearing the petition filed by the residents of the Maniktala Constituency as their seat had gone unrepresented for several years due to the pending election petition filed by Kalyan Chaubey challenging the election of his opponent, now deceased Sadhan Pande, in West Bengal Assembly Election, 2021.
The Bench of Justice Surya Kant and Justice PS Narsimha observed, “From the subsequent orders… we are satisfied that Respondent No. 3 is adopting every possible delaying tactic. Learned Counsels (of Respondent) are also colluding and seeking adjournments on one pretext or the other. We are constrained to observe that the request made to the High Court on 18.08.2023 has not been appreciated in its right perspective…We, therefore, issue a show cause notice to Respondent No. 3 in order to expedite the election petition… let show cause notice be issued to Respondent No. 3 as to why he should not be directed to be relieved from his responsibility as President of the All India Football Federation and as Acting CEO of the Indian Olympic Association through a judicial order…It will enable Respondent No. 3 to fully concentrate on the election petition…in case Respondent No. 3 does not appear on the next date of hearing, we will take coercive action including non-bailable warrants.”
Senior Advocate Mukul Rohatgi appeared for the Petitioner and submitted, “The Election was in 2021, the winning candidate died, the election petition is still going on for the last 3 years because an election petition by the losing candidate, can still go on if the winner dies...Now the problem is this constituency has been unrepresented from the last 3 years and the election petition should have been finished within 6 months. It is still going on because the other side is taking dates. I am respectfully submitting that because of this, the election will never be held and it will go on for the next 2 years…The constituency is without a representative for the last 3 years…The winning candidate has died and the losing chap is going on taking dates.”
On August 18, 2023, the Bench had requested the High Court to expedite the hearing of the Election Petition. Chaubey on various occasions had moved the adjournment applications before the Court stating his difficulty to appear, as he is the President of the All India Football Federation (AIFF) and the Acting CEO of the Indian Olympic Association (IOA), and was busy with Asian Games.
Cause Title: Suvendu Dey v. Election Commission of India and Ors. (SLP(C) No. 142 of 2023)