Rama Prasad Sarkar v. The Chief Election Commissioner And ORS.

13.09.2021 Item No. 9 Court No.1 W.P.A. (P) 239 of 2021 Rama Prasad Sarkar Vs.

The Chief Election Commissioner & Ors.

(Through video conference) Mr. Rama Prasad Sarkar, (Present in Court) ..petitioner-in -person Mr. Kishore Datta, Learned Advocate General Mr. Anirban Roy, Learned Government Pleader Mr. Sayan Sinha, Advocate ..for the State present in Court Mr. Dipanyan Chowdhury and Mr. Sidhant Kumar, Advocates (Through VC) .. for the E.C.I.

Mr. Sayan Ganguly, Advocate (Through VC) .. for the Respondent Mr. Sarkar learned Counsel appearing for the petitioner prays for a direction upon the Election Commission of India to declare the by-election of the (seven) Assembly seats in the State of West Bengal, which have remained vacant till date.

Mr. Sidhant Kumar, learned Counsel appears for the Election Commission of India and submits that the writ petition is premature as the last date of concluding byelections of the 7 (seven) Assembly seats is on November 02, 2021 as specified under Section 151A of Representation of People's Act, 1951. He further submits that out of 7 (seven) Assembly seats which are vacant,

W.P.A.(P) 239 of 2021 by-election has been declared in 3 (three) seats and notification has been issued for the same.

Heard both the parties and perused the petition as well as Section 151A of the Representation of People's Act, 1951.

As the last date for filling the vacancy for vacant seats is on November 02, 2021 and Election Commission of India has already issued notification for by-election of 3 (three) vacant seats, we dismiss this writ petition as premature and devoid any cause of action at this stage. [Rajesh Bindal, C.J (A)] [Rajarshi Bharadwaj, J.]