Conduct bypoll in Pune: Bombay High Court to ECI

The court observed that in any democracy, public representatives are the voice of citizens who govern the state. If there is no elected member then a representative must be appointed in his place

The Bombay High Court on Wednesday directed the Election Commission of India (ECI) to conduct the bypoll for the Pune Lok Sabha seat and made it clear that the voters of the constituency cannot go unrepresented for such a long period.

The city parliamentary constituency became vacant following the death of MP Girish Bapat on March 29, 2023. (HT FILE)

The city parliamentary constituency became vacant following the death of MP Girish Bapat on March 29, 2023. He had served as the MLA five times from the Kasba Peth constituency in the city. He was elected to Lok Sabha from the Pune constituency in 2019.

A two-judge bench of Justices Gautam Patel and Kamal Khatta criticised the ECI and described their action as strange and unfair to the citizens even as the election commission was busy preparing for the 2024 Lok Sabha polls and did not conduct the by-election for the Pune seat.

The court further observed that in any democracy, public representatives are the voice of citizens who govern the state. If there is no elected member then a representative must be appointed in his place.

The citizens cannot survive without representation and the non-conduct of elections is anti-constitutional and an insult to the constitutional structure.

The court passed the verdict based on a petition filed by Pune resident Sughosh Joshi (25), against the ECI for not holding bypolls in the Pune Lok Sabha constituency.

Joshi had filed a writ petition before the Bombay High Court through lawyers Advocate Kushal Mor, Advocate Shraddha Swarup, Advocate Dayaar Singla and Advocate Pravin Singh which requested the court to issue a writ of mandamus or a writ like mandamus or any other appropriate writ, order and or direction commanding ECI to immediately conduct the by-poll in the said constituency in compliance with Section 151A.

Earlier, Joshi made a representation with the ECI on September 21, 2023, although the poll body did not reply to the representation. Considering this, Joshi filed an RTI (Right to Information) application seeking an explanation from ECI. The reply was sent 40 days after filing the RTI.

As per the provisions of ROPA, the ECI is not bound to conduct by-poll elections in a constituency if the remainder of the term of a member in relation to a vacancy is less than a year or if the ECI, in consultation with the central government, certifies that it is difficult to hold elections within the said period. In this instance, ECI had taken the stance that it was difficult to conduct the elections at such a time on account of being vexed with the preparations for the 2024 Lok Sabha elections. It had further submitted that since there is less time for the Lok Sabha elections, there is very little point in holding the elections.

The reply showed that the ECI had issued a certificate on August 23, 2023, to not hold by-poll to the constituency as per exception (b) to Section 151A of the Act. Joshi had pointed out that there was visible administrative apathy to the governance concerns of the city and there were no representatives to fight for the citizens.

There was ample opportunity to hold the by-poll in March. However, it has abdicated responsibility in not holding by-poll, he had stated.

While reacting to the HC order, Joshi said, “I am grateful to the high court for passing the order. I believe this was a much-needed step in ensuring that the law on bypoll gets clarified. More importantly, it highlights the various issues Punekars have been facing for so long due to lack of representation. I hope the bypoll for municipal corporations are also held soon after inspiration from this judgment.”

Prashant Jagtap, president of Nationalist Congress Party (NCP), said that the party welcomed the decision.

“When Girish Bapat, late MP of Pune Lok Sabha Constituency passed away, 15 months were left for the general election of the Lok Sabha. If there is more than six months left for the next general election after the death of the representative, then it is a matter of constitutional decree that by-elections should be held immediately in that constituency.”

“The BJP delayed the by-poll of Pune Lok Sabha to avoid defeat,” he said.