Supreme Court Stays HC Direction To ECI To Hold Bye-Election For Pune Lok Sabha Seat

The Supreme Court on Monday (January 8) stayed the direction issued by the Bombay High Court to the Election Commission of India to hold bye-election for the Pune Lok Sabha seat, which has been vacant since the death of MP Girish Bapat on March 29, 2023.

A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra passed the interim order while issuing notice on the Special Leave Petition filed by the ECI assailing the High Court's order passed on December 13, 2023.

The bench observed that Section 151A of the Representation of Peoples Act 1951 would come into play in the instant case. According to this provision, the ECI need not hold bye-election to fill up a vacant seat if the remainder of the term in relation to the vacancy is less than one year. The bench said that it will post the matter in March or April and will lay down the law.

The High Court noted in its judgment 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.

The HC A division bench of Justice GS Patel and Justice Kamal Khata rejected the ECI's contention that it was difficult to hold a by-election. It emphasized that constituencies cannot remain unrepresented beyond a defined period, stating that in a parliamentary democracy, governance relies on elected representatives who are the voice of the people. The High Court stated that the ECI's stand was inconsistent as it had conducted by-elections for several Legislative Assembly and Lok Sabha constituencies since the Pune seat became vacant. It emphasized that the relevant date for considering the by-election is the date on which the vacancy arises, with no room for ambiguity.

Case : Election Commission of India v. Sugosh Joshi and another | SLP(C) No. 200/2024

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