New Delhi: The Calcutta high court has ruled that Bhabanipur bypoll will be held as per schedule on September 30, after dismissing a PIL filed against the conduct of the bypoll. However, it found fault with state chief secretary's letter urging byelections be held in West Bengal, in which he had cited emergency "considering the constitutional exigency", reports have indicated.

The Bhabanipur bypoll has been necessitated after Trinamool Congress leader Sovandeb Chattopadhyay vacated the seat to make way for chief minister Mamata Banerjee's election to state legislative assembly. In the assembly polls held during March-April, Banerjee lost to her confidante-turned-rival Suvendhu Adhikari in Nandigram.

The petitioner, Sayan Banerjee, said what was the need to hold another election within a span of four months after the state assembly election was held and there is an elected MLA. He also asked who would pay for the election, and what was the need to advance bypolls in West Bengal before holding byelections in other states.

Although 31 legislative assembly seats and three Lok Sabha seats in various states of the country are vacant, bypolls will be held only in three assembly seats of West Bengal – Samserganj, Jangipur and Bhabanipur – and in Pipli assembly segment in Odisha on September 30. There are a total of seven vacant Assembly seats in West Bengal, elections to Santipur, Dinhata, Khardah and Gosaba will be held on October 30.

Also read: BJP Fields Priyanka Tibrewal Against Mamata Banerjee in Bhabanipur Bypoll

Generally, bypolls – taking into account the Model Code of Conduct rules, logistics, among others – are held simultaneously across the country. However, this time around due to the pandemic, the Election Commission of India (ECI) has relied on state governments' assessment of the situation whether or not to go ahead for polls.

In the case of West Bengal, the state chief secretary had also written to ECI urging elections be held at the earliest, "considering the constitutional exigency", referring to the fact that Mamata Banerjee has to be elected to the legislative assembly within six months from the day she was sworn in as chief minister to retain her post. The petitioner in the case has also found fault with the letter and particularly the "constitutional exigency" observation of the chief secretary.

While the court said that it would not interfere with the election process in Bhabanipur, however, it took strong exception to the chief secretary's letter urging ECI to hold bypoll.

"He (chief secretary) is a public servant who is to discharge his duties in terms of provisions of law, whosoever may be in power. He is not to ensure that any particular person should come to power and in the absence, there would be a constitutional crisis," the court observed.

For its part, the ECI in the court said that the petitioner had tried to mischaracterise the meaning of the term "constitutional exigency", emphasising that it does not mean an attempt to influence voters.

Earlier, the ECI had said that it was holding byelection in Bhabanipur only at the request of the West Bengal government.

"While the commission has decided not to hold by-elections in other 31 Assembly Constituencies and three Parliamentary constituencies (across India), considering the constitutional exigency and special request from state of West Bengal, it has decided to hold bye-election in 159-Bhabanipur AC," the Election Commission's press note had said.

Mamata Banerjee will face off BJP's Priyanka Tibrewal, a 41-year-old Calcutta high court lawyer, on September 30 in Bhabanipur election.

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