The Kolkata High Court on Tuesday refused to retain the September 30th Babanipur vote. The court included the matter in a further hearing on November 17. Judges led by Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj said that the information provided by the Secretary of State to the Election Commission is contrary to the facts because due to COVID- The 19 pandemic has expanded the country limit to September 30, 2021, and the video order date is September 15, 2021. “We also did not record any findings regarding issues that the election petition may or may not maintain after the announcement of the results of the General Assembly.
Any party that fails shall have the right to use his/her appropriate remedies to challenge the election application in accordance with the law Provisions for elections,” the court said. “Since the election process was launched during the press briefing dated September 4, 2021, and voting must be held on September 30, 2021, we believe that it is inappropriate to interfere with the committee’s decision. At this stage of the by-election Babanipur parliamentary constituency.”
However, the court stated: “We expressed strong reservations about the actions of the Chief Secretary and wrote to the Election Committee, stating that if the by-election for the Babanipur constituency is not held, there will be a’constitutional crisis’.” The court held that he is a civil servant and should perform his duties in accordance with the law, regardless of who is in power. He is not trying to ensure that any particular person should be in power, otherwise there will be a “constitutional crisis.”
The court stated that the Election Commission was further misled about the flooding situation. As we all know, there is too much rainfall in the state. It further added that, despite this, the most offensive part was the actions of the Chief Secretary. He considered himself more like a servant of the ruling party than a civil servant, so he said there would be people who want to participate in the elections if they are held in a constitutional crisis.
News Source : Backtrack
