JUDGMENT :

Rajesh Bindal, J.

1. The Present petition has been filed in public interest by an advocate. The prayer is to quash the memo dated September 04, 2021 vide which decision was taken by the Election Commission of India for election to 159-Bhawanipur Assembly Constituency in the State. As an interim measure, prayer was made for stay of paras 6 and 7 of the aforesaid communication.

2. Mr. Bikash Ranjan Bhattacharya, learned Senior Counsel appearing for the petitioner submitted that the very basis on which the election to only one Constituency was notified, is erroneous. It is based on a communication from the Chief Secretary of the State that the COVID-19 situation in the State is fully under control and so is the flood situation. While referring to Article 164(4) of the Constitution of India, the Chief Secretary further informed the Election Commission that there would be constitutional crisis in the State, in case there is vacuum in the top executive as the respondent No. 5 is to contest election from that constituency. It was on the basis thereof that election to the aforesaid constituency was notified by the Election Commission. The State Assembly consists of 293 members. The