New Delhi: The Election Commission of India (EC) on Monday brought on record before the Supreme Court a tentative schedule for the by-election to the Maniktala assembly constituency in West Bengal.
The counsel, representing the ECI, placed on record the tentative schedule before a vacation bench of Justices P K Mishra and K V Viswanathan in a sealed cover. The counsel submitted that the tentative schedule was being filed in a sealed cover, since the schedule has to be declared through a public announcement, and the Model Code of Conduct (MCC) will come into force the day it is announced.
After hearing submission from the ECI’s counsel, the bench said that following its order on May 17, 2024, the ECI has filed an affidavit in a sealed cover showing the tentative schedule of by-election for assembly constituency Maniktala. “Since the ECI is likely to proceed further in the matter declaring the election, there is no need to keep this civil appeal pending any further," it said.
The counsel, representing the appellants, who are the residents of Maniktala, requested the bench to not dispose of the matter and keep it pending until the election schedule is announced. The bench said that the ECI has acted with great expedition and alacrity and “we have to now give this a quietus".
Senior Trinamool Congress leader Sadhan Pande had won the Maniktala seat defeating BJP candidate Kalyan Chaubey. Later, Chaubey challenged the poll result in the Calcutta High Court alleging violence by his rival. In February 2022, Pande died. The poll body had declined to hold a by-poll on the ground that Chaubey's election petition was pending before the high court.
On May 6, Chaubey informed the apex court that he had moved an application before the high court seeking withdrawal of his petition. The top court was informed on May 13 that pursuant to its May 6 order the high court has dismissed the election petition as withdrawn. The apex court had then asked the EC to submit a schedule for the byelection which shall be held at the earliest.
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