Instead, he asked the Court to direct the ECI to start hearing the matter on a day-to-day basis for an expeditious decision.
However, Sibal also asked the Court to decide whether the ECI can keep a dispute pending for months and then pass an order just ahead of the elections.
Sibal added that if the top court upholds the ECI decision, such action will be repeated in the middle of every future election.
But you can't pass an interim order like this.
I am not saying he can't pass it.
Today, Senior Advocate Kapil Sibal, appearing for Mamata Banerjee, said that he cannot ask for a stay on the by-elections. Instead, he asked the Court to direct the ECI to start hearing the matter on a day-to-day basis for an expeditious decision.
However, Sibal also asked the Court to decide whether the ECI can keep a dispute pending for months and then pass an order just ahead of the elections.
Sibal added that if the top court upholds the ECI decision, such action will be repeated in the middle of every future election.
"There will be other elections. Calcutta Municipal Corporation election. You cannot allow a Commission to do this. You pass a direction. I don't mind, but it will not be followed. This order still remains. In another election, in another State, he will still pass an order. You must give me a remedy. You want to pass an order against me, you can't give me a fait accompli," he said.
Sibal highlighted that Banerjee's party had filed a response with the ECI on July 2, but the ECI continued to give the other side more time till it got recognition from the Speaker of West Bengal Legislative Assembly.
"How is this possible in law? You decide one way or the other. The same order could have been passed in July. I could have had a remedy. I could have come to this Court. The order may be illegal, the order may be wrong, or the order may be right. But you can't pass an interim order like this. I am not saying he can't pass it. I am saying do it before you announce the election," he said.
Justice Bagchi, while acknowledging the concern, said that the Court will have to work out a solution.
