The Supreme Court recently stayed the direction issued by the Bombay High Court to the Election Commission to hold by-election for Pune Lok Sabha seat. The seat has been vacant since the death of MP Girish Bapat on March 29, 2023.
A bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Mishra passed the interim order while issuing notice on the Special Leave Petition lodged by the Election Commission of India assailing the Bombay High Court’s order passed on December 13, 2023.
The bench ruled that Section 151 A of the Representation of Peoples Act 1951 would come into play in instant case. As per the provision, the Election Commission need not hold by-election to fill up a vacant seat if the remainder of the term in relation to the vacancy is less than a year. The top court bench further stated that it will post the matter in March or April and will lay down the law.
In its judgement, the Bombay High Court noted that the Lok Sabha Secretary’s notification had confirmed the vacancy since March 29, 2023, while the current Lok Sabha Term will end on June 16, 2024.
Previously, the High Court division bench of Justice GS Patel and Justice Kamal Khata rejected the Election Commission’s contention that it was difficult to hold a by-election. The High Court stressed that constituencies cannot remain unprecedented beyond a definite period. It mentioned that in a parliamentary democracy, governance relies on elected representatives who are the voice of the people.
The Bombay High Court underlined that the Election Commission’s stand was inconsistent as it had conducted by-elections for multiple Legislative Assembly and Lok Sabha constituencies since the Pune seat became vacant. It underlined that the relevant date for considering by-election is the date on which the vacancy arises, with no room for ambiguity.
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