Mamata needs to win to remain CM
The Election Commission (EC) on Saturday announced the bypoll in Bhabanipur Assembly constituency in West Bengal — the seat Mamata Banerjee must win to remain Chief Minister. The poll would be held on September 30 at the request of the State Government.
However, the EC has kept pending bypolls to three Lok Sabha and 31 other Assembly seats. The EC also announced polls in Samserganj, Jangipur constituencies in West Bengal and Pipli in Odisha where polls were earlier deferred.
As per the EC notification, the Bhabanipur Assembly constituency by-election will be held on September 30 and votes will be counted on October 3. Nominations will be filed from September 6 till September 13 while scrutiny of papers will take place on September 14. September 16 is the last date to withdraw from the electoral battle.
The Bhabanipur by-poll will allow Mamata a chance to become a member of the State legislative assembly. Mamata, who lost from Nandigram in May and is currently not an MLA, has time until November to get elected in order to continue as Chief Minister.
After the election results, Sovandeb Chattopadhyay, the TMC MLA from Bhabanipur constituency, vacated the seat to allow Banerjee to contest from there. Mamata had won from Bhabanipur twice since 2011. The Mamata Banerjee-led TMC registered a landslide victory in the April-May Assembly polls, winning 213 seats in the 294-member West Bengal Assembly. Despite aggressive campaigning, the BJP lost the polls but emerged as the second-largest party with 77 seats.
“... considering the constitutional exigency and special request from the state of West Bengal, it has (been) decided to hold by-poll for AC 159 - Bhabanipur. Much stricter norms have been kept by the Commission as an abundant caution to safeguard from COVID-19,” the EC said.
“After taking into consideration the inputs and views of Chief Secretaries of the concerned states, and the respective Chief Electoral Officers, the Commission has decided not to hold by-polls in other 31 Assembly constituencies and 3 Parliamentary constituencies,” it added.
Similarly, polling for three “deferred adjourned” elections -- in two Assembly seats of West Bengal and one of Odisha -- will also be held on September 30 and counting will be held on October 3.
Referring to its decision to hold Assembly polls in Samserganj and Jangipur of West Bengal and Pipli of Odisha , the EC said since candidates and political parties for these three seats have already “availed” the campaign period from April 29 to May 3 this year, campaigning will only be allowed from September 20 in these seats.
Prohibition of pre- and post-nomination procession, 50 per cent capacity at outdoor venues for campaigning, a maximum 20 star campaigners for national and state recognised parties and a silence period of 72 hours before the end of polling are some of the COVID-19-related restrictions imposed by the Election Commission for the bypolls.
Based on inputs received from States where by-polls are due, the EC said it has decided not to hold by-elections in 31 other assembly constituencies and three parliamentary constituencies in view of the pandemic situation, floods and festival season.
During a virtual meet on Wednesday, the EC had sought to know from States where by-polls are due about the situation of coronavirus pandemic, floods, law and order scenario and upcoming festivals.
The EC said that the chief secretaries of Andhra Pradesh, Assam, Bihar, Haryana, Himachal Pradesh, Madhya Pradesh, Meghalaya, Rajasthan, Telangana, Uttarakhand, Uttar Pradesh and the Adviser of UT of Dadra and Nagar Haveli and Daman & Diu brought to its notice the constraints related to flood situations, festivals and the pandemic.
They suggested that it would be advisable to have by-elections after the end of the festival season.
“Besides these, some states have also brought to the notice of the Commission that Government of India, various research institutions, technical expert committees, and professionals have predicted the possibility of the third wave of Covid-19 October onwards,” the poll panel said. The Odisha chief secretary told the EC that the Covid situation is under control and the poll can be held.
The West Bengal chief secretary informed that the pandemic is fully under control. He also brought to the notice that the flood situation in the state has not affected the poll-bound assembly constituencies and the state is fully geared up to hold the elections.
“He also cited that under Article 164(4) of the Constitution of India, a Minister who is not a member of the Legislature of the State for a period of six consecutive months shall at the expiration of that period cease to be a Minister and there will be a constitutional crisis and vacuum in the top executive posts in the Government unless elections are held immediately,” the Commission said.