Kolkata: The Calcutta High Court on Friday wants to know from the electoral commission why the public must bear the cost of Bypoll on them.
“After the election, someone emptied the office for other people to fight polls.
Why does the public have to bear the costs?” The Chairperson of Judge Rajesh Bindal’s acting observed while hearing the petition that challenged the EC decision to prioritize Bypoll Assembly Bhowanipore, among others, because of the “constitutional exigution”.
The court flexed his assessment on Friday.
Observations came six days before Bhowanipore Bypoll on September 30 where the head of the Minister of Mamata Banerjee was a candidate.
The chair was empty after the winner of the Trinamool MLA Sobhandebeb Chattopadhyay poll resigned from the Bengal Assembly to allow Banerjee for the contest from there after he lost Nandigram polls.
The division bench from the Chair of the Acting Judge Bindal and Justice Rajarshi Bharadwaj refused to recognize the “short affidavit” Panel poll to clarify the term “Constitutional Extitee” mentioned in Bhowanipore’s press release at Bypoll Bhowanipore.
On Thursday, the court has allowed the EC to clarify paragraphs 6 and 7 of their press releases mentioning “constitutional” and also “special requests” from the country to hold Bhowanipore Bypoll within six months.
The division bench was heavy on the poll panel to submit a bad affidavit that did not discuss specific points in this case.
Petitioner Sayan Banerjee challenges the EC logic “Constitutional Extracting” and also “constitutional and vacuum crisis” carried out by the Secretary of the Head of Bengal H K Dwivedi has made his letter to the polling panel while making a “special request”.
The bench shows that the written statement does not mention whether EC has the power to act on the main secretary representatives of the “constitutional crisis” that will come if the Bypoll is not held.
“What role should be said by the head secretary that there will be a constitutional crisis if the main minister is not selected within six months?” Bindal judge was observed.
Advisor EC Sidhant Kumar said there was a “consistent practice” of the poll panel to act on representations made by political parties and constitutional officials.
Kumar quoted an example where the EC recorded the governor’s opinion.
“So, you now equalize the role of the governor with the main secretary,” said the chairman of the acting observed.