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PIL filed in court for not holding by-polls for Pune LS seat

The demise of MP Girish Bapat on March 29, 2023, left the constituency without a representative in the Lok Sabha

Published on: Nov 9, 2023, 21:59:56 IST
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A Pune resident Sughosh Joshi has filed a writ petition against the Election Commission of India (ECI) for not holding by-polls in the Pune Lok Sabha constituency.

The petition has requested the court to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order and or direction commanding ECI to immediately conduct the by-election in the said constituency in compliance with Section 151A. (REPRESENTATIVE PHOTO)
The petition has requested the court to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order and or direction commanding ECI to immediately conduct the by-election in the said constituency in compliance with Section 151A. (REPRESENTATIVE PHOTO)

Joshi has filed a writ petition before the Bombay High Court through lawyers Advocate Kushal Mor, Advocate Shraddha Swarup, Advocate Dayaar Singla and Advocate Pravin Singh.

The petition has requested the court to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order and or direction commanding ECI to immediately conduct the by-election in the said constituency in compliance with Section 151A.

The demise of MP Girish Bapat on March 29, 2023, left the constituency without a representative in the Lok Sabha with EC not going ahead for by-polls.

This only exacerbated the lack of elected corporators since the term of the municipal corporation ended in March 2022. Over the past many months, the constituents have had no voice in Parliament, the petitioner argued. Issues and concerns of the constituency have not been raised in the last three sessions. The significant delays in metro construction, the traffic mess in Chandni Chowk, delays in the new terminal of the airport, and no progress on a new airport are symptoms of a deeper problem – administrative apathy and the lack of representatives to challenge it.

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 application seeking an explanation from ECI. The reply was sent 40 days after filing the RTI.

The reply showed that the ECI had issued a certificate on August 23, 2023, to not hold by-election to the constituency as per exception (b) to Section 151A of the Act.

“There is visible administrative apathy to the governance concerns of the city and there are no representatives to fight for the citizens. The political class - both the ruling and opposition parties seem to not want to face the electorate. The ECI exists as an independent body to enable and strengthen democracy. There was ample opportunity to hold the by-election in March. However, it has abdicated responsibility in not holding by-election,” said Joshi.

He further said, “The role of an MP is very important and it makes a huge difference to the city if it lacks an MP.”