The Supreme Court’s reading the riot act to BJP leader and All India Football Federation (AIFF) president Kalya Choubey in its previous sitting has had the desired impact.
Choubey on Monday informed the apex court that he has filed an application in the Calcutta High Court to withdraw his petition challenging the 2022 elections for the Maniktala assembly constituency in West Bengal.
It bears noting the the Calcutta High Court was equally culpable in delaying any final orders and granting deferral after deferral to Choubey’s repeated requests for adjournments.
Senior Trinamool Congress party leader Sadhan Pandey had won the Maniktal assembly seat by defeating Choubey, who later challenged the election result in the Calcutta High Court, claiming violence by his rival.
Pandey died on February 20, 2022. The Election Commission refused to hold a by-election for the seat on the grounds that Choubey’s election petition was pending before the High Court, PTI reports.
A Bench of Justices Surya Kant and KV Vishwanathan took note of Chaubey’s submission and directed the High Court to pass orders on his application on May 9, the day the case is listed.”We do not see any impediment for the High Court in accepting the application for withdrawal of the election petition. Consequently, we expect the High Court to pass the order only on May 9, when the matter will be taken up,” PTI quotes the Bench as having ruled.
PTI further reports:
The top court said that once the High Court passes the order on the application to withdraw the petition, the Election Commission can take a decision under Section 151(A) of the Representation of the People Act, which deals with filling of casual vacancies – Election.
The Bench asked the Election Commission counsel to seek instructions on the by-election of Maniktala assembly constituency and fixed the matter for further hearing on May 13.
During the hearing, senior advocate Devdutt Kamat, appearing for petitioner Suvendu Dey and others, who claimed to be voters of the assembly constituency, said that since there has been a demand for early by-election in the assembly constituency, the application for withdrawal has been filed. Call the case here and pass orders.”If the matter is called here and the order is passed today, the Election Commission will be able to hold by-elections to the Assembly seat along with the Lok Sabha elections to the Kolkata (North) seat on June 1,” he said.
The bench asked the Election Commission’s counsel whether it was possible to hold by-elections to the Maniktala seat along with the Kolkata (North) Lok Sabha constituency of which it is a part.
The lawyer said that he cannot make any statement on this at this time and to hold a by-election for the seat, the election petition will have to be withdrawn first and other issues related to the preparations for the election will have to be considered.
At the outset, Patwalia informed the bench that Choubey has agreed to withdraw the election petition and his application for withdrawal of the petition is listed before the High Court on May 9.
On April 26, the bench had said that Choubey was “adopting every possible delay tactic” in the decision of the election petition pending before the high court and issued him a show cause notice. It had noted that Choubey’s lawyers were also “colluding” with him in seeking an adjournment on one false pretext or the other.
The top court then sought an explanation from Choubey as to why he should not be relieved of his responsibilities as AIFF chief and acting CEO of the Indian Olympic Association (IOA) through a judicial order, saying this would give him complete attention. Will help in concentrating. Conclusion of election petition proceedings.
The bench had asked why Choubey should not be asked to give an undertaking before the top court that if the petition is heard on a day-to-day basis and a conclusion is reached on or before July 1, 2024, he will There will be no objection.
The top court had warned that if Chaubey does not appear on the next date of hearing, it will take punitive action against him, including issuing a bailable warrant of arrest to ensure his presence, as “we are satisfied that he is in contempt of court.” are doing. “The instructions were given knowingly and willingly.”
It had also warned that the election petition could be transferred to the Delhi High Court.
