Bombay HC questions ECI's decision to skip Pune bypoll, deems busy with other elections unconvincing

The Bombay High Court criticized the Election Commission of India's position, stating that its assertion that conducting a by-election for the Pune Lok Sabha constituency was impractical due to its engagements with various polls across the country, including preparations for the 2024 Lok Sabha elections, was not easily justifiable.

A division bench comprising Justices Gautam Patel and Kamal Khata expressed understanding for such a stance if the elections were taking place in a location like Manipur, characterized by unrest.

We understand if they (ECI) say they cannot hold elections in a place like Manipur where there is physical unrest, Justice Patel said. The bench was hearing a petition filed by Pune resident Sughosh Joshi against a certificate issued by the ECI to not hold the bypoll for the constituency. The post went vacant after the death of Member of Parliament (MP) Girish Bapat on March 29 this year.

The high court had last week sought to know from the ECI if it would hold the by-elections for the Pune constituency. On Monday, the ECI, through its advocate Pradeep Rajagopal, said it won’t be able to hold the elections as it was busy with other polls and the preparatory activities for the 2024 Lok Sabha elections.

Appearing for the petitioner, advocate Kushal Mor argued that the polls were held in other constituencies this year. The by-elections in the other constituencies were held after the vacancy arose in the Pune constituency, Mor said. The bench directed Mor to place these details in an affidavit and posted the matter for further hearing on December 13.