‘Hardly Tenable’: Bombay HC on ECI’s Stance to not Hold Pune By-Poll as It is Busy with Other Elections

The Bombay High Court on Monday expressed skepticism regarding the stance of the Election Commission of India, which asserted that conducting a by-election for the Pune Lok Sabha constituency would not be possible due to its engagements with other polls in the country, including preparatory activities for the 2024 Lok Sabha elections.

A division bench comprising Justices Gautam Patel and Kamal Khata deemed this stance “hardly tenable.”

The court remarked that while the court could understand such a position if unrest were prevailing in a location like Manipur, where physical disturbances exist, it seemed less justifiable in the case of Pune.

The bench addressed a petition filed by Pune resident Sughosh Joshi, challenging the certificate issued by the ECI indicating its decision not to conduct the bypoll for the vacant Pune constituency. The seat became vacant following the demise of Member of Parliament Girish Bapat on March 29 this year.

In the previous week, the high court had sought clarification from the ECI on whether it intended to conduct by-elections for the Pune constituency. On Monday, the ECI, represented by advocate Pradeep Rajagopal, reiterated its inability to hold elections due to its commitments to other polls and preparations for the upcoming 2024 Lok Sabha elections. The commission also pointed out that even if elections were held at present, the term for the post would conclude in a year.

Advocate Kushal Mor, representing the petitioner, argued that elections had taken place in other constituencies this year, emphasizing that by-elections in those constituencies occurred subsequent to the vacancy arising in the Pune constituency.

The bench instructed Mor to submit these details in an affidavit and scheduled the next hearing for December 13.

In his plea, Joshi, represented by advocates Dayaar Singla and Shraddha Swarup, invoked Section 151A of the Representation of People Act, asserting that a bypoll should be conducted within six months to fill the vacancy. Joshi contended that the absence of a bypoll for several months deprived constituents of a voice in Parliament, particularly regarding significant delays in various developmental projects in Pune. He argued that the failure to conduct by-elections amounted to a violation of the electorate’s rights.