Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of People Act 1951 – s.151A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Representation of The People Act, 1951 (43 of 1951) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Representation of People Act, 1951 – s.151A – Interpretation of – Justifiability of holding bye-election – On resignation of elected representative of constituency in question, the petitioner, public spirited person filed PIL contending that if the election commenced in the month of May 2018, the effective period which the new incumbent would get would be only upto March 2019 that is less than one year and therefore the new incumbent would not be in a position to function with all vigour and render service and there shall be huge expenditure in conducting the election – High Court dismissed the writ petition – Held: There was no election petition pending in the instant case – The elected candidate tendered his resignation on 08.12.2017 and the same was accepted by the Speaker of Lok Sabha on 14.12.2017 – The command of s.151A is to hold the election within a period of six months from the date of occurrence of the vacancy – The next General Election to Lok Sabha is in June, 2019 – Therefore, the remainder of the term is not less than one year – The ground raised that the code of conduct would come into play before the elections are held in June, 2019 is absolutely sans substance as the Act does not contemplate so – It is the period alone that should be the governing factor subject to the pendency of election petition because that is not controlled by the non obstante clause – Such an interpretation is in accord with the sanctified principle of democracy and the intention of the Parliament is not to keep a constituency remaining unrepresented – The concern expressed with regard to load on the exchequer cannot be treated as a ground – It is so because the representative democracy has to sustain itself by the elected representatives – High Court was right in dismissing the writ petition – Election laws. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2018 INSC 464 |
Petitioner | Pramod Laxman Gudadhe |
Respondent | Election Commission Of India And Ors |
SCR | [2018] 4 S.C.R. 397 |
Judgement Date | 2018-05-09 |
Case Number | 9968 |
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