Bombay High Court questions ‘inability’ of EC to hold Pune by-polls
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By: Pune Pulse
December 12, 2023
Pune: The Election Commission of India (ECI) stated on Monday that it would not be able to hold the by-poll for the Pune Lok Sabha constituency because it was preoccupied with other polls across the nation and the planning for the 2024 Lok Sabha elections. The Bombay High Court deemed this position to be ‘hardly tenable’ and ‘unsustainable.’
As per further information, the high court bench stated that, while it could understand the stance if elections were held in an area like Manipur where unrest is there, it could not understand the EC’s stand regarding Pune by-polls.
Following the death of MP Girish Bapat on March 29, 2023, the Pune Lok Sabha constituency seat became vacant.
A Pune resident was presenting a case before a division bench of Justices Gautam Patel and Kamal Khata regarding an order from the ECI to not hold by-polls for Pune Lok Sabha constituency.
The advocates, representing the Pune residents, argued that the vacancy of the Pune Lok Sabha seat should be filled through by-polls within six months in accordance with section 151A of the Representation of People Act, 1951. The bypolls should have taken place by September 28, 2023.
The Pune resident asserted that during the previous few months, the constituents in Parliament had no voice, particularly with regard to matters concerning the notable setbacks in a number of Pune development projects.
On December 7, the high court declared that prima facie, it did not agree with the EC’s reasoning that, should by-polls be held, the returned candidate would have only three to four months of work as an MP and that it would also have an impact on the 2024 Lok Sabha election preparations.
An advocate representing the EC stated on Monday that the body was too busy with other polls and the planning for the 2024 Lok Sabha elections to conduct the elections. The electoral body went on to state that the new MP would serve less than a year if the by-polls were held right now.
The petitioner’s (Pune resident’s) advocate contended that other constituencies this year held by-polls. Hence, the high court has scheduled a follow-up hearing on Wednesday, December 13, and instructed the petitioner to include all details in an affidavit.
Shreyas Vange
