Election Commission Has Acted Expeditiously: SC While Closing Plea Alleging Delay In Holding Bye Election In Maniktala Assembly Constituency

The Supreme Court, today, disposed of 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 Bhartiya Janta Party Leader Kalyan Chaubey challenging the election of his opponent, now deceased Sadhan Pande, in West Bengal Assembly Election, 2021.

The Petition was dismissed after the Election Commission ('ECI') submitted an affidavit in sealed cover containing details of the tentative schedule of the Bye-elections in the said constituency.

The Vacation Bench of Justice Prashant Kumar Mishra and Justice KV Viswanathan ordered, "We have perused the paper submitted along with the Affidavit. Since the Election Commission is likely to proceed further in the matter, declaring the elections. There is no need to keep this civil appeal pending. Accordingly, the Civil Appeal is disposed of. The sealed cover is returned."

Justice Viswanathan remarked, "They have acted expeditiously...we have to give it a quietus. You can always come back."

The Counsel for the Petitioners requested the Court to keep the matter pending until the elections are held and keep the Affidavit on record, both requests were rejected by the Court.

The Supreme Court on the last date of hearing i.e. May 17, 2024, had given the last opportunity to the ECI to schedule the bye-elections, pursuant to which the ECI submitted the affidavit today.

On May 9, 2024, the Calcutta High Court had dismissed the election petition as withdrawn. After which the matter was listed before the Supreme Court on May 13, 2024. The Apex Court had observed, "In this view of the matter, the vacancy of Legislative Assembly bearing Constituency No.167, Manicktala, Kolkata, West Bengal has now become available w.e.f. 09.11.2024. Even though, there is a maximum time-line prescribed under Section 151-A of the Representation of the People Act, 1951, we see no impediment in conducting the bye-election at the earliest, more so when the above-mentioned Constituency has been lying unrepresented since 20.02.2022, when the returned candidate – Sadhan Pandey unfortunately passed away...Let the Election Commission of India, therefore, submit a schedule, in accordance with which the bye-election shall be held at the earliest. As of now, no further directions qua respondent no.3 are required to be issued."

The Supreme Court had directed 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 had issued a show cause notice to 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.

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)