Plea in HC seeks directions to EC to reveal by-poll dates for vacant seats in West Bengal

A Public Interest Litigation (PIL) has been filed in the Calcutta High Court seeking directions to the Election Commission to disclose the dates for holding by-polls for the vacant assembly constituencies in West Bengal. Advocate Rama Prashad Sarkar filed the petition on Friday, and the matter has been listed for hearing on September 8. "Representation of Peoples Act under Sec 150,151 states that elections/by-elections must be held within six months. We're concerned why and what for the Election Commission is delaying the by-polls unnecessarily," Sarkar asked.

"CM Mamata Banerjee took oath on May 5. My respectful submission before the Chief Justice is to kindly direct the Election Commission of India, Ministry of Home Affairs, and State Election Commission to immediately disclose the dates for by-elections," he added.

In July, the Trinamool Congress (TMC) urged the Election Commission to conduct by-polls to fill the seven vacant seats in the State Legislative Assembly. The general elections to the West Bengal Legislative Assembly were held in eight phases between March and April this year, and the results were announced on May 2. Before announcing results, the polls to AC 56 (Samserganj, Murshidabad) and AC 58 (Jangipur, Murshidabad) were postponed to May 16, following the death of two contesting candidates. However, after that, the ED delayed the scheduled polls indefinitely.

Meanwhile, five more seats in the Bengal Assembly fell vacant for various reasons, including the death of a successful candidate and the resignation of elected members of the Assembly. These constituencies include AC 159 (Bhabanipur, Kolkata South), AC 86 (Santipur, Nadia), AC 7 (Dinhata, Coochbehar), AC 109 (Khardaha, North 24 Parganas), and AC 127 (Gosaba (SC), South 24 Parganas).

TMC urges EC to conduct by-polls

"Constitutional principles mandate that voters from the aforesaid assembly constituencies have the fundamental right to elect a representative of their choice to represent them in the Legislative Assembly of the State. In the circumstances, we call upon you too, forthwith, take necessary action and appropriate steps in accordance with the Act to fill the aforesaid vacancies caused in the Legislative Assembly for State of West Bengal, keeping in mind all government-mandated COVID-19 protocols and guidelines," the TMC had requested in a letter to the EC.

The Mamata Banerjee-led TMC recorded a landslide victory in the recently-held polls, winning 213 seats in the 294-member assembly. The BJP lost the polls despite aggressive campaigning, only to emerge as the second-largest party with 77 seats. 

(With inputs from agency)

Image: PTI/Representative