Case Note & Summary
The petitioner, Sandeep Yashwantrao Sarode, Chairman of Panchayat Samiti, Katol, and Director of Agriculture Produce Market Committee, Katol, filed a writ petition challenging the declaration of by-election to fill the casual vacancy in 48-Katol Assembly Constituency. The vacancy arose due to the resignation of the sitting MLA, Ashish Ranjit Deshmukh, which was accepted by the Speaker of the Maharashtra Legislative Assembly on 06.10.2018. The Election Commission of India issued a press note on 10.03.2019 declaring the by-election to be held on 11.04.2019. The petitioner contended that the election schedule violated Section 151A of the Representation of the People Act, 1951, which mandates that a casual vacancy shall be filled within six months from the date of occurrence of the vacancy. The petitioner argued that the six-month period expired on 05.04.2019, and the polling date of 11.04.2019 was beyond that period. The respondents, including the Election Commission of India, argued that the election process was initiated within six months and the date of polling being beyond six months does not invalidate the election. The court, after hearing arguments, held that the word 'held' in Section 151A means the entire election process must be completed within six months. However, the court found that the election schedule was published on 10.03.2019, which is within six months from 06.10.2018, and the polling date of 11.04.2019 is beyond six months. The court held that the election process was initiated within the six-month period and the delay in polling date does not violate Section 151A. The court dismissed the petition, upholding the by-election schedule.
Headnote
A) Constitutional Law - Election Law - Casual Vacancy - Section 151A of the Representation of the People Act, 1951 - The petitioner challenged the by-election notification on the ground that the vacancy arose on 06.10.2018 and the election was scheduled for 11.04.2019, which is beyond six months. The court held that the six-month period under Section 151A is to be computed from the date of occurrence of the vacancy, i.e., 06.10.2018, and the last date for completion of election would be 05.04.2019. However, the court found that the election schedule was published on 10.03.2019 and the polling date was 11.04.2019, which is beyond six months. The court held that the election process must be completed within six months, but the date of polling being beyond six months does not invalidate the election if the process was initiated within the period. The court dismissed the petition. (Paras 1-10) B) Constitutional Law - Election Law - Time Limit - Section 151A of the Representation of the People Act, 1951 - The court interpreted Section 151A to mean that the election to fill a casual vacancy shall be held within six months from the date of occurrence of the vacancy. The court held that the word 'held' means the entire election process, including the declaration of result, must be completed within six months. However, the court found that the election schedule was published on 10.03.2019, which is within six months from 06.10.2018, and the polling date of 11.04.2019 is beyond six months. The court held that the election process was initiated within the six-month period and the delay in polling date does not violate Section 151A. (Paras 5-10)
Issue of Consideration
Whether the declaration of by-election to fill the casual vacancy in 48-Katol Assembly Constituency violates Section 151A of the Representation of the People Act, 1951?
Final Decision
The court dismissed the writ petition, upholding the by-election schedule.
Law Points
- Section 151A of the Representation of the People Act
- 1951 mandates filling casual vacancy within six months
- Section 150 of the Representation of the People Act
- 1951 provides for filling casual vacancies
- Section 151 of the Representation of the People Act
- 1951 provides for filling casual vacancies in the Council of States
- 1951 provides for time limit for filling casual vacancies
