Kolkata: The Calcutta High Court on Tuesday refused to disrupt Bhowanipore Bypoll’s assembly scheduled on Thursday but took the exception to the Secretary of the Chief of State who asked the election commission for the election to avoid “constitutional crisis”.
“We did not find it according to interfere with the EC decision,” the division bench from the chairman of the acting judge Rajesh Bindal and Justice Rajarshi Banerjee ruled.
But the benches said the Secretary of the Head of HK Dwivedi state had projected himself as a “servant of political parties in power” and had “misled” EC when writing for it for Bypoll.
Bhowanipore’s seat fell passively, requiring a typoll, after the Trinamool leader Shobhandebob Chattopadhyay resigned as MLA after being elected from the election; Chattopadhyay said he wanted to make a way for Mamata Banerjee cm so he could become MLA.
Secretary of the Head of State Writing to the EC, said there would be a “constitutional crisis” if the Bypoll was not held within six months.
“The most offensive part is the behavior of the Head of Secretary who projected himself as a servant of political parties in power than a public servant when he said there would be a constitutional crisis if the election was not held,” the reserve was observed.
Acting CJ Bindal observed that the secretary’s head was a public servant.
“He (Head of Secretary) is a public servant, who will issue his duties in terms of legal provisions, whoever might be in power.
He is not to ensure that any particular person must be in power and in the absence of a constitutional crisis,” Bench said.
The rises said “the constitutional” secretary “crisis was not explained in his letter to EC.” What a constitutional crisis can be faced by the government with one person who loses or wins the election is not explained.
How did the chief head of the chairman know that CM will oppose the election of Bhowanipor? He is not a party spokesman or officer who returns, “CJ said that the division bench examined the EC Press Note issued earlier this month and found information about the Covid situation equipped by the Secretary of the EC” contrary to facts “if someone went with a limit on September 15.
“The EC was also misled by the situation of flooding in the state,” the bench was observed.
Sanjay Basu, who represented the Banerjee CM in the Pil submitted by Sayan Banerjee, refused to comment on HC’s comments on the behavior of the Secretary of State: “I cannot comment on .
I appeared for Trinamool candidates.
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