The Bombay High Court said on Monday that the Election Commission of India’s stance that it could not conduct the bypoll for the Pune Lok Sabha constituency as it was busy with other polls, including preparations for the 2024 Lok Sabha elections, was “hardly tenable”.
A division bench of Justices Gautam Patel and Kamal Khata said they could comprehend such a position in areas with unrest, like Manipur.
“We understand if they (ECI) say they cannot hold elections in a place like Manipur where there is physical unrest,” Justice Patel said.
The court was hearing a petition filed by Sughosh Joshi, a resident of Pune, against the ECI’s decision not to hold the bypoll for the vacant post following the demise of MP Girish Bapat on March 29.
Despite the ECI’s claim of logistical constraints, the bench directed further examination of the matter on December 13 after petitioner advocate Kushal Mor highlighted that elections in other constituencies have been conducted this year after vacancies arose.
On Monday, the Election Commission, through its advocate Pradeep Rajagopal, said it will not be able to hold the elections as it was busy with other polls and preparatory activities for the 2024 Lok Sabha elections.
It said that even if the polls were held now, the term would end in a year.
Mr. Joshi in his plea said that delaying the by poll was a violation of the electorate’s right, citing the Representation of People Act, Section 151A, which mandates filling a vacancy through a bypoll within six months.
He said that after Mr. Bapat’s death, constituents had no voice in Parliament, especially about significant delays in several developmental projects in Pune.
