Hindustan Times (Noida)

SC ultimatum to BJP leader in poll hearing

- Abraham Thomas letters@hindustant­imes.com

The Supreme Court on Friday pulled up Bharatiya Janata Party (BJP) leader Kalyan Chaubey for “wilfully and deliberate­ly” delaying proceeding­s in an election petition he filed before the Calcutta high court, challengin­g the results of the 2021 West Bengal assembly polls for the Maniktala constituen­cy. The seat has been vacant since February 2022 after the death of the winning Trinamool Congress candidate.

The top court expressed anguish that the high court had not taken its earlier order of August 2023 to expeditiou­sly decide the election petition in the right perspectiv­e. It sought Chaubey’s response for holding day-today hearings to ensure the proceeding­s end by June 30.

Warning of serious action, the court issued a show-cause notice to Chaubey, threatenin­g to issue non-bailable warrants if he fails to remain present in the high court. The court also explored the possibilit­y of relieving him from his posts of president of AIFF and joint secretary of IOA. The court was informed that Chaubey had cited his preoccupat­ions with the sports bodies as reasons for getting the election petition adjourned.

A bench of justices Surya Kant and PS Narasimha said, “We are satisfied that respondent (Kalyan Chaubey) is adopting delaying tactics... Let show-cause notice be issued as to why he should not be

directed to be released from the posts of President, AIFF, and chief executive officer and joint secretary, IOA. It will allow respondent to fully concentrat­e on election petition proceeding­s.”

The notice further required Chaubey to explain why he should not be asked to give an undertakin­g of having no objection if the matter is heard on a daily basis and completed by June 30. “Further, if respondent does not appear, we shall explore to secure his presence by issuing a non-bailable warrant as we are convinced he is avoiding the proceeding deliberate­ly and wilfully.”

Chaubey had approached the high court soon after losing to Trinamool Congress (TMC) candidate Sadhan Pande in the Maniktala constituen­cy during the 2021 West Bengal assembly polls. Following Pande’s death in February 2022, three Maniktala residents filed a PIL in the Calcutta high court seeking bypolls. However, due to the pendency of the election petition, the state election commission could not hold the election. The three residents, led by Suvendu

Dey, approached the top court in May last year through advocate Mithu Jain, asking the court to expedite the election petition proceeding­s.

Senior advocate Mukul Rohatgi, appearing for the residents, submitted that since the top court’s order on August 18 last year directing the high court to expedite the hearing, the election petitioner has been underminin­g the court’s orders. According to Section 86 (7) of the Representa­tion of the People Act, 1951, an election petition must be decided within six months. However, in this case, 32 months have already elapsed.

The bench said, “We are constraine­d to observe that the request made to the high court on August 18, 2023, has not been appreciate­d in the right perspectiv­e.” The court kept open the possibilit­y of transferri­ng the petition to the Delhi high court.

Following the August 18 order, the high court took up the case 12 times, with only five days of effective hearing. On other occasions, Chaubey moved applicatio­ns citing prior engagement­s due to the Asian Games, official engagement­s, and health reasons, preventing his statement from being recorded by the high court.

Under Section 151A of the Representa­tion of the People Act, 1951, no constituen­cy can remain vacant or unrepresen­ted, and a bye-election for filling such vacancy has to be held within six months. The petitioner­s moved an applicatio­n seeking a direction to EC to hold bypolls.

 ?? HT PHOTO ?? Kalyan Chaubey
HT PHOTO Kalyan Chaubey

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