The Supreme Court in the case Election Commission of India v. Sugosh Joshi and another observed and has stayed the direction which is 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 29.03.2023.
The bench comprising of Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra in the case observed and has passed the interim order while issuing the notice on the Special Leave Petition moved by the ECI wherein it assailed the order passed by the High Court’s on 13.12.2023.
The bench in the case observed that Section 151A of the Representation of Peoples Act 1951 would come into play in the said case.
The court stated that as per the provision, the ECI need not hold bye-election to fill up the vacant seat if the remainder of the term in relation to the vacancy is less than one year.
The bench in the case stated that it will post the matter in March or April and will lay down the law.
The High Court in its judgement noted that the Lok Sabha Secretary’s notification had confirmed the vacancy since 29.03.2023, while the current Lok Sabha Term will end on 16.06.2024.
The High Court division bench comprising of Justice GS Patel and Justice Kamal Khata in the case observed and has rejected the contention of ECI’s that it was difficult to hold a by-election. Thus, the court emphasized that constituencies cannot remain unrepresented which is 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.
Further, the court stated that the relevant date for considering the by-election is the date on which the vacancy arises, with no room for ambiguity.
