Verdict In: Supreme Court Greenlights Election Commission’s Maniktala By-poll Schedule

Supreme Court

“The Election Commission of India (ECI) submitted to the Supreme Court today a by-poll schedule for West Bengal’s Maniktala constituency, which has lacked legislative representation for over two years [Suvendu Dey and Ors vs Election Commission of India and Ors].

Presenting the schedule in sealed covers to the Vacation Bench of Justices Prashant Kumar Mishra and KV Viswanathan, the ECI highlighted that publicizing the schedule would trigger the immediate enforcement of the model code of conduct (MCC).”

The Court swiftly addressed a petition concerning the absence of a State-level public representative in the constituency. “We must put this matter to rest now. The Election Commission has acted promptly,” remarked Justice Viswanathan as the Court concluded the petition. The petitioners, residents of the Maniktala constituency, informed the Supreme Court that Bharatiya Janata Party (BJP) leader Kalyan Chaubey’s non-cooperation and absence in an election petition he filed before the Calcutta High Court were delaying the notification of by-polls.

Chaubey, who lost in the 2021 West Bengal assembly elections to Trinamool Congress Party (TMC) leader Sadhan Pande, challenged Pande’s election before the High Court. However, Pande passed away in 2022 while the matter was still pending.

Local residents later accused Chaubey of causing delays in disposing of the case by failing to appear before the High Court, thus hindering the Election Commission from issuing a by-poll notification. In August 2023, the Supreme Court urged the Calcutta High Court to hasten the hearing of the election petition.

In April of this year, the Supreme Court issued a show-cause notice to Chaubey, expressing concern that he seemed to be deliberately disobeying court orders. Additionally, the Court questioned Chaubey’s continuance as President of the All India Football Federation (AIFF) and joint secretary of the Indian Olympic Association (IOA). On May 6, the Supreme Court suggested that Chaubey withdraw his election petition. Subsequently, the petition was withdrawn from the High Court, clearing the way for the by-poll notification without any legal obstacles.