The Election Commission of India’s position that a by-election for the Pune Lok Sabha seat could not be held because it was preoccupied with other polls across the nation, including the preparations for the 2024 Lok Sabha elections, was deemed “hardly tenable” by the Bombay High Court on Monday.
Judges Gautam Patel and Kamal Khata, who sit on a division bench, stated that they could comprehend this stance if the elections were to take place in an unstable area like Manipur.
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“We understand if they (ECI) say they cannot hold elections in a place like Manipur where there is physical unrest,” Justice Patel stated.
Sughosh Joshi, a resident of Pune, filed a petition with the bench challenging the ECI’s certificate prohibiting the holding of the constituency’s by-poll.
Following the passing of Member of Parliament (MP) Girish Bapat on March 29 of this year, the position became vacant.
Last week, the high court requested information from the ECI regarding whether the Pune constituency by-elections would take place.
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The ECI announced on Monday that it would not be able to hold the elections due to its commitment to other polls and the preparations for the 2024 Lok Sabha elections, through its advocate Pradeep Rajagopal.
The commission added that the post’s term would expire in a year, even if elections were held right now.
Advocate Kushal Mor, representing the petitioner, contended that this year’s elections were conducted in different constituencies.
“The by-elections in the other constituencies were held after the vacancy arose in the Pune constituency,” said Mr. Mor.
The bench scheduled a follow-up hearing for December 13 and instructed Mor to record these details in an affidavit.
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In his appeal, Mr. Joshi argued that the by-election within six months should be held following section 151A of the Representation of People Act, through the representation of attorneys Dayaar Singla and Shraddha Swarup.
Joshi asserted that the people haven’t had a say in the Parliament in recent months, particularly regarding the notable delays in several Pune-related development projects.
He went on to say that the electorate’s rights were being violated by not holding the by-polls.
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