The Calcutta High Court on Tuesday turned down a petition seeking postponement of the Bhawanipore Assembly by-election where Bengal Chief Minister Mamata Banerjee is a candidate
Disposing of a PIL filed by advocate Sayan Banerjee the Court allowed the poll process to continue saying “as the process of election was initiated with the issuance of a press note dated September 4, 2021, and the polling has to be held on September 30, 2021, we do not find it appropriate to interfere with the decision of the EC to hold by-election…”
The State BJP leadership earlier had demanded postponement of the elections after its senior leaders were attacked during campaign.
In the process of passing its order the Court severely criticized State Chief Secretary HK Trivedi for his alleged bias for the ruling outfit.
A division bench of Chief Justice Rakesh Bindal and Justice Rajarshi Bharadwaj ruled “we record our strong reservation about the conduct of the Chief Secretary in writing a letter to the Election Commission stating that there would be 'constitutional crisis' in case by-election to the Bhabanipur Constituency is not held.
“He 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 in power and in the absence there would be 'constitutional crisis'…”
In the strongly worded order hitherto not directed against any Chief Secretary of the State the Court further said “merely because one person is not elected as of now will not create any constitutional crisis as any other elected member of the Assembly can be sworn in as leader of the party and consequently, the Chief Minister.”
Chief Minister Mamata Banerjee who was defeated in the April-May Assembly elections from Nandgram seat is contesting a by-election from her home turf Bhawanipore --- from where the TMC had trailed in 2019 general elections but won in 2021 Assembly polls --- to find a formal entry into the State Assembly.
Meanwhile, ahead of the high-voltage by-elections a BJP delegation comprising Union Minister Bhupender Yadav, Anurag Thakur and M A Naqvi on Tuesday met the Election Commission of India officials and demanded imposition of Section 144 in the Assembly contstituency area.
Hitting out at the TMC Government for sponsoring violence that led to alleged attacks on BJP national vice president Dilip Ghosh on Monday he said the attack on Dilip Ghosh and other BJP workers is shameful and has once again proved that under Mamata Banerjee elections are synonymous to violence.”
The BJP leaders also demanded intensified patrolling and area domination by security forces. The said that at least 40 companies of CAPF would be required to cover all the booths.
In a related development all the seven persons who attacked Ghosh were arrested and released on bail Tuesday.