The top court said once the high court passes the order on the application for withdrawal of the petition, the Election Commission may take a decision under section 151A of the Representation of the People Act which deals with filling of casual vacancies through by-elections.While asking the counsel for the poll panel to seek instructions on by-election to Maniktala assembly constituency, the bench posted the matter for further hearing on May 13.

BJP leader and All India Football Federation (AIFF) president Kalyan Chaubey informed the Supreme Court on Monday he has moved an application before the Calcutta high Court seeking withdrawal of his petition challenging the 2021 election for Maniktala assembly constituency in West Bengal.

Senior Trinamool Congress party leader Sadhan Pande had won the Maniktala assembly seat defeating Chaubey, who later challenged the poll result in the Calcutta High Court claiming violence by his rival.

Pande died on February 20, 2022. The Election Commission refused to conduct by-election for the seat on the ground that Chaubey's election petition remains pending before the high court. A bench of Justices Surya Kant and KV Viswanathan noted Chaubey's submission made through senior advocate PS Patwalia and directed the high court to pass an order on his application on May 9, the day the matter is listed. ''We see no impediment for the high court to accept the application for withdrawal of the election petition. Consequently, we expect the high court to pass the order on May 9 itself, when the matter is taken up,'' the bench ordered. The top court said once the high court passes the order on the application for withdrawal of the petition, the Election Commission may take a decision under section 151(A) of the Representation of the People Act which deals with filling of casual vacancies through by-elections.

While asking the counsel for the poll panel to seek instructions on by-election to Maniktala assembly constituency, the bench posted the matter for further hearing on May 13. During the hearing, senior advocate Devadatt Kamat, appearing for petitioner Suvendu Dey and others, who claim to be voters of the assembly constituency and have sought early holding of by-poll, said since the application for withdrawal has been moved, the top court may call the matter here and pass the order. ''If the matter is called here and order is passed today, then the Election Commission will be able to hold by-election on the assembly seat along with the Lok Sabha poll in Kolkata (North) seat on June 1,'' he submitted.

The bench asked the EC's counsel whether it is possible to hold by-election to the Maniktala seat along with the polling for Kolkata (North) Lok Sabha constituency of which it is a part.

The counsel submitted he cannot make a statement on that at the moment, and for holding by-election for the seat, the election petition needs to be withdrawn first and other issues related to poll preparedness will have to be taken into account. At the outset, Patwalia informed the bench that Chaubey has agreed to withdraw the election petition and his application for withdrawal of the plea is listed before the high court on May 9. On April 26, the bench had noted that Chaubey was ''adopting every possible delaying tactic'' in adjudication of the election petition pending before the high court and issued a show cause notice to him. It had noted that Chaubey's counsel are also ''colluding'' with him in seeking adjournments on one false pretext or the other.

The apex court then sought an explanation from Chaubey as to why he should not be relieved of his responsibilities as the AIFF chief and acting CEO of the Indian Olympic Association (IOA) through a judicial order, saying it would enable him to fully concentrate on the concluding of the election petition proceedings. The bench had said why should Chaubey be not asked to give an undertaking before the apex court that he shall have no objection if the petition is taken up on a day-to-day basis and concluded on or before July 1, 2024. The top court had warned if Chaubey chooses not to appear on the next date of hearing, it will take coercive action against him, including the issuance of bailable warrants of arrest, to secure his presence as ''we are satisfied that he is defying the court's directions deliberately and wilfully.'' It had also warned that the election petition may be transferred to the Delhi high court.

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