Read Time: 04 minutes
Joshi claimed that, as per Section 151A of the Representation of Peoples Act 1951, the vacancy should be filled through a by-poll within six months, and therefore, the same should have been held by September 28, 2023
The Bombay High Court has sought a response from the Election Commission of India, questioning why it did not conduct by-elections for a Pune Lok Sabha Constituency within six months of the death of Member of Parliament Girish Bapat.
The division bench of the high court, consisting of Justice GS Patel and Justice Kamal Khata, heard a petition filed by Sughosh Joshi, a resident of Pune, seeking a direction from the court to the Election Commission to conduct by-elections.
The petitioner had made a representation to the Chief Election Commissioner on September 21, 2023. Subsequently, upon encountering a news article titled "No Lok Sabha bypolls as MPs would have less than a year's term," the petitioner filed a Right to Information (RTI) application.
The Election Commission of India (ECI) responded, stating that the returned candidate would have only three to four months of work as an MP, and conducting a by-election would also impact the preparatory activities for the 2024 Lok Sabha elections.
However, the division bench of the high court on Thursday expressed its initial disagreement with the reasoning provided by the ECI. The court indicated that if a satisfactory reply was not filed by the ECI, the bench would pass the necessary directions on December 11, 2023.
Joshi claimed that, as per Section 151A of the Representation of Peoples Act 1951, the vacancy should be filled through a by-poll within six months, and therefore, the same should have been held by September 28, 2023.
The petition underscored that keeping the constituency unrepresented for over a year due to the Election Commission not holding a by-election is manifestly arbitrary and grossly disproportionate.
“..the said Constituency being kept unrepresented for over a year due to the Respondent No 1 not holding a bye- election is manifestly arbitrary and grossly disproportionate and excessive besides being grossly illegal and unconstitutional being hit by Article 14 and 21 of the Constitution,” the plea reads.
The petition is filed through Advocate Pravin Singh. Advocates Kushal Mor, Shraddha Swarup, and Dayaar Singla appeared for the petitioner before the high court.
Case title: Sughosh Joshi vs ECI
Please Login or Register
