Calcutta HC reserves Order on Bypoll Seat

Mamata Banerjee law insider
Mamata Banerjee law insider

Swarna Shukla-

Published On: September 25, 2021 at 14:23 IST

The Calcutta High Court reserved the Judgement of the Public Interest Litigation (PIL) related to the ensuing Bhabanipur assembly By-Election; a seat contested by Mamata Baneerjee.

The Bench of Acting Chief Justice Rajesh Bindal and Justice Rajrashi Bharadwaj, after hearing the submissions of all the parties, reserved the Judgement.

The Petitioner, Sayan Baneerjee, claimed that the Election Commission (EC) had stated in a Press Note that it decided to hold By-Election to Bhabanipur Constituency “Considering exigency and special request from State of West Bengal.”

The EC on its part argued that the Petitioner is attempting to mischaracterize the meaning of the term Constitutional Exigency, maintaining that there can be no possibility of the same being construed as an influence on voters.

The Court was not satisfied with the argument made by the EC, and further questioned why only By-Election should be held when there are several By-Election due in the State.

The EC wanted to file another Affidavit, which was not permitted by the Court.

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