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Supreme Court stays HC order to conduct by-election to Pune Lok Sabha seat
A bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, noted that the court would examine the scope of Section 151 of the Representation of the People Act
NEW DELHI: The Supreme Court on Monday stayed the December 13 order of the Bombay high court directing the Election Commission of India to immediately hold a bypoll to the Pune Lok Sabha seat that has been vacant since March 29 when Bharatiya Janata Party (BJP) member of Parliament Girish Bapat passed away.
A bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, noted that the top court would examine the scope of Section 151 of the Representation of the People Act, which mandates the ECI to fill casual vacancies in the Houses of Parliament and state legislatures. The provision requires a bypoll to be held to fill any vacancy to be held within six months from the date of the occurrence of the vacancy.
The bench, also comprising justices JB Pardiwala and Manoj Misra, issued notice to Sughosh Joshi, a Pune resident on whose petition the high court order was issued, adding that the case will be listed next in March or April.
“The provisions of Section 151 of the RP Act would fall for consideration before the court...We will list it most probably in March or April and thereafter lay down the law,” said the court.
It considered the fact that the Lok Sabha election is expected to take place a few months later and that the RP Act prescribes that a bypoll to fill a vacancy should take place provided the remainder of the member’s term would be one year or more.
In its December order, the high court rejected the ECI’s stand to not hold the election since it was busy with other polls, including preparation for the 2024 Lok Sabha elections. The high court called it “bizarre and wholly unreasonable”
“In any parliamentary democracy, governance is done by elected representatives who are the voices of people. If the representative is no more, another must be put in place. People cannot go unrepresented. That is wholly unconstitutional and is a fundamental anathema to our constitutional structure,” the high court said.
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, said the high court, adding the ECI cannot let a constituency remain unrepresented. Voters cannot be denied this right.
ECI argued in the high court that it was not inclined to hold the bypoll for two reasons – First, that it was busy with other polls including the preparatory activities for the 2024 Lok Sabha elections and second, that even if the Pune bypoll was held, the elected representative would get a very short tenure.
