Pulled up the Election Commission (EC), the Calcutta High Court on Friday turned down the affidavit filed by the top poll body on ‘prioritising’ the by-election in the Bhabanipur Assembly constituency where West Bengal Chief Minister Mamata Banerjee is contesting on 30 September.
The HC refused to accept the EC’s report because it was not submitted in the right format with clarity on why there will be a ‘constitutional crisis’ (as mentioned by Bengal Chief Secretary H.K. Dwivedi in its letter to the EC) if the bypoll does not happen.
Why did the state Chief Secretary write a letter only for the election of the Bhabanipur constituency? Why did Sovandeb Chattopadhyay leave the seat even after winning the election? These and many other uncomfortable questions were asked in the High Court.
The affidavit, which the court had asked the Election Commission to give, was also not accepted. The petitioner had filed the petition in the Calcutta HC, citing the Chief Secretary’s recommendation that it could create a constitutional crisis. The acting Chief Justice, Rajesh Bindal, raised one question after another during the hearing of the case.
Justice Bindal also questioned the authority of the Chief Secretary to issue letters. In a press statement issued on behalf of the EC during the announcement of the day of the by-election, it was said that the by-election is being held in Bhabanipur as there may be a constitutional crisis. State Chief Secretary Harekrishna Dwivedi made the request to this effect. The judge raised the question of whether the chief secretary could write a letter in this manner for the election from the administrative post.
Justice Bindal also questioned why a second election was needed in Bhabanipur. Sovandeb Chatttopadhyay had won the Assembly election from this seat, but later he left the seat, and now Mamata Banerjee is fighting from that seat. In this context, the judge questioned, “Why did Sovandeb leave the seat?” He also asked: How much does it cost to vote in a seat? In reply, the commission said, Rs 3 crore.
Lawyer Sabyasachi Chatterjee said, “Today, the judge raised important questions. Why was he forced to leave the seat after winning votes and becoming a public representative? In this way, people are spending money. Mamata Banerjee could have contested from any other seat where the by-election is pending.”
Leftist candidate from Bhabanipur Srijib Biswas said, “I agree with the court. There was no need for elections in Bhabanipur. Mamata could have fought from any other seat.”