The Election Commission of India has approached the Supreme Court challenging the Bombay High Court order to hold an immediate by-election for the Pune Lok Sabha seat. Reportedly, the Election Commission has cited its rulebook on its role, remit and discretion in deciding the election calendars as well as precedents of by-election held back ahead of the election, before the apex court.
The Election Commission lodged a petition in the Supreme Court challenging the decision of Bombay High Court. The petition demanded a stay on the High Court order to immediately hold a by-election for the Pune Lok Sabha seat. In its petition, the election panel noted that there is only a short time left for the 2024 Lok Sabha election, therefore there is no necessity in holding the by-election.
Reports said that while the case is likely to be heard in January, it has implications on multiple fronts like opening doors for other by-polls and the larger issue of EC’s remit and discretion in scheduling of elections. With the Lok Sabha election likely to be held in March-April of 2024, an adverse order for the Election Commission would mean a by-election and a newly elected MP with a term of just 2-3 months.
Furthermore, it could also lead to demands for by-election in Ambala, Ghazipur and Chandrapur, whose seat fell vacant between March to May this year like Pune. In 2019, BJP leader Girish Bapat had won from the seat and it fell vacant after his death in March 2023. The Bombay High Court on December 14 directed the Central Election Commission to immediately hold by-elections for the Pune Lok Sabha seat.
The High Court expressed displeasure over the arguments given by the commission for not holding the elections. The Court said that people of any area cannot be kept without representation for a long time. It added that in such circumstances the Election Commission should take steps on holding the elections as soon as possible. It also mentioned that not holding an election for Pune Lok Sabha seat is like turning away from the constitutional responsibilities.