Bombay High Court Slams Election Commission: Calls Decision on Pune Lok Sabha By-Polls ‘Hardly Tenable’
Mumbai, 12th December 2023: The Bombay High Court has expressed dissatisfaction with the Election Commission of India’s (ECI) decision not to conduct by-polls for the Pune Lok Sabha constituency. The ECI cited its engagement with other polls across the country, including preparations for the 2024 Lok Sabha elections, as the reason for its inability to hold the by-polls.
A division bench comprising Justices Gautam Patel and Kamal Khata deemed the ECI’s stance “hardly tenable.” Justice Patel emphasized that the Commission’s argument would be understandable if the by-polls were for a region experiencing unrest, such as Manipur.
The Pune Lok Sabha seat has been vacant since the demise of Member of Parliament Girish Bapat on March 29, prompting Pune resident Sughosh Joshi to file a petition challenging the certificate issued by the ECI, which declared the non-conduct of a by-election for the constituency.
In a hearing last week, the high court sought clarification from the ECI regarding the delay in conducting by-elections within six months of a sitting MP’s death. The court, during Monday’s proceedings, was informed by ECI advocate Pradeep Rajagopal that holding elections for the Pune Constituency was currently unfeasible due to the Commission’s commitments to ongoing polls and preparatory activities for the 2024 Lok Sabha elections. Rajagopal noted that even if the polls were held now, the remaining term for the post was only a year.
Advocate Kushal Mor, representing Sughosh Joshi, argued that the ECI had conducted polls in other constituencies this year after vacancies arose. The court directed Mor to submit these details on an affidavit by the next hearing scheduled for December 13.
Joshi, relying on section 151A of the 1951 law, asserted that a by-poll should have been conducted within six months of the vacancy, necessitating it by September 28 this year. He claimed to have submitted a representation to the ECI in September but received no response, leading him to approach the High Court for redress.
