• UGI USER
  • Dec 17, 2023
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BOMBAY HIGH COURT’S DIRECTIVES ON PUNE BYPOLL

Why in the News?

  • Pune Lok Sabha seat became vacant after MP Girish Bapat’s death on March 29.
  • Sughosh Joshi, a law graduate and Pune voter, challenged the Election Commission of India’s (ECI) delay in conducting the bypoll.

Petition and ECI’s Response:

  • Joshi filed a petition on November 7, contesting ECI’s certificate stating difficulty in holding the Pune bypoll.
  • Joshi argued that, as per the Representation of the People Act, the by-election should have been held by September 28.
  • ECI contended that Joshi should have filed a PIL and cited a genuine difficulty due to preparations for the 2024 Lok Sabha elections.

Understanding Bypolls/By-election in India:

  • Definition: Bypolls, also referred to as bye-elections or special elections, are electoral processes designed to fill vacant seats within India’s legislative bodies.
  • Significance: They play a crucial role in the overall electoral cycle, complementing regular elections by addressing unforeseen vacancies in legislative positions.
  • Objective: The primary purpose of bypolls is to promptly fill vacant seats, ensuring the representation of the affected constituency or district in the legislative body.
  • Occurrence: Bypolls are triggered when a seat in the legislature becomes vacant due to various reasons such  as the demise, resignation, disqualification, or expulsion of a sitting member.

By-Election (Legal Aspects):

  • Section 151A of the Representation of the People Act mandates by-elections within six months of a vacancy.
  • Exceptions include a Parliament term less than a year or consultation between EC and the Centre citing difficulty in a timely election.

Bombay High Court’s Decision:

  • HC affirmed Joshi’s locus to file a writ petition as a voter and emphasized constituencies cannot remain unrepresented beyond a defined period.
  • Noted that, with the Pune seat vacant, the first exception did not apply.
  • Criticized ECI’s argument as “bizarre” and detrimental to the constitutional democratic framework.
  • Directed ECI to take immediate steps for the Pune election but acknowledged the possibility of the poll body moving to the Supreme Court.

Currently, 18 Lok Sabha seats are vacant, with 13 vacated by legislators who won in state Assembly elections this month.