The Bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj said, “The information furnished by the Chief Secretary of the state to Election Commission was contrary to the facts as in the state restrictions on account of COVID-19 pandemic had been extended up to September 30, 2021.”

“Further, the Election Commission was also misled regarding the flood situation. It is known to all that there had been excessive rains in the state. Be that as it may, the most offensive part is the conduct of the Chief Secretary, who projected himself to be more as a servant of the political party in power than a public servant, whereby he stated that there would be a constitutional crisis in case an election in Bhabanipur constituency is not held. What constitutional crisis the government could face with one person losing or winning was not explained,” the court asked.

It was decided not to hold by-elections to other 31 Assembly constituencies and three parliamentary constituencies. Only the request of the Chief Secretary of the state of West Bengal for holding the election in the Bhabanipur Assembly constituency was accepted.