Sayan Banerjee vs The Election Commission Of India ...
2021 Latest Caselaw 5700 Cal

November 17, 2021
Item No. 17
Court No.1
SG/s.biswas
                                         WPA (P) 245 of 2021
                                          Sayan Banerjee
                                               vs.
                            The Election Commission of India and others
                                     (Through Video Conference)

                    Mr. Bikash Ranjan Bhattacharyya, Senior Advocate
                    Mr. Sabyasachi Chatterjee,
                    Mr. Sandipan Das,
                    Mr. P. Karar,
                    Mr. Akashdep Mukherjee,
                    Ms. Debolina Sarkar,
                    Mr. Ankur Sharma,
                    Mr. Sagar De,
                    Ms. Senjuti Mukherjee,
                    Mr. Sreejita Biswas, Advocates
                                                             ... for the petitioner
                    Mr. S. N. Mookherjee, Advocate General
                    Mr. Anirban Ray, Government Pleader
                    Mr. Lalit Mohan Mahata,
                    Mr. Sandip Dasgupta,
                    Mr. Raja Saha,
                    Mr. Supratim Dhar,
                    Mr. Sayak Chakraborty,
                    Mr. Debanjan Mandal,
                    Ms. Mahima Cholera, Advocates
                                                                  ... for the State
                    Mr. Ajay Chaubey,
                    Ms. Shakshi Rathi, Advocates
                                                         ... for the Union of India
                    Mr. Sidhant Kumar,
                    Mr. Manyaa Chandok,
                    Mr. Anuran Samanta, Advocates
                                                                   ... for the ECI
                    Mr. Sanjay Basu,
                    Mr. Piyush Agrawal,
                    Ms. Utsha Dasgupta, Advocates
                                                      ... for the respondent No.5

By the order of this Court dated 28th September,

2021, the matter was kept pending for consideration of

issue mentioned in the order dated September 24, 2021.

A perusal of the order dated 24th September, 2021

reveals that this Court had taken note of the fact that

holding of election involves cost of crores of rupees to the

public exchequer and had taken note of the issue that in

case, an elected candidate resigns from his constituency

WPA (P) 245 of 2021

before completion of his term without there being any

legal disability, to enable the other person to contest the

election from that constituency, then who will bear the

cost to be incurred by the State exchequer in holding the

re-election.

Learned counsel for the Election Commission of

India has submitted that this issue has already been

settled by the Madras High Court. He prays for short

adjournment to place on record a copy of the said

judgment.

List on 19th January, 2022.

[Prakash Shrivastava, C.J.]

[Rajarshi Bharadwaj, J.]