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Before the High Court, a Pune resident had filed a plea seeking to direct the election commission to hold the by-poll elections, as six months had already lapsed for the election commission to fill the vacancy as prescribed under the law.
The Supreme Court today stayed the Bombay High Court's recent direction to the Election Commission of India to immediately hold the by-poll election for the Pune Lok Sabha Constituency.
A CJI DY Chandrachud led bench issued notice on the appeal by the Election Commission of India.
High Court's division bench of Justice Gautam Patel and Justice Kamal Khata stated that the Election Commission's stand to not hold elections, citing busyness with other polls and preparatory activities for the 2024 Lok Sabha elections, was "bizarre and wholly unreasonable."
The post went vacant after the death of the Member of Parliament (MP) Girish Bapat on March 29, this year.
Election Commission denied conducting by-polls, citing its busy schedule with the 2024 Lok Sabha elections. Additionally, they expressed concern that holding by-polls would result in the elected candidate having a shorter tenure.
On December 13, 2023, the division bench had told ECI it could not leave a constituency vacant and deny rights to voters.
"The ECI is not only vested but charged with the duty and obligation to hold elections and see to it that any vacancy is filled in. The ECI cannot let a constituency remain unrepresented. Voters cannot be denied this right,” the court said.
The petition before High Court underscored that keeping the constituency unrepresented for over a year due to the Election Commission not holding a by-election was 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 read.
Case Title: ECI vs. Sughosh Joshi
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