The Bombay High Court has directed the Election Commission of India (ECI) to promptly conduct a by-election for the Pune Lok Sabha constituency, which has remained vacant since March 29, 2023, following the passing of Member of Parliament Girish Bapat.
A division bench comprising Justices GS Patel and Kamal Khata quashed and set aside a certificate issued by the ECI, declaring that no by-elections would take place.
The bench expressed incredulity at the prospect of several months passing without representation for the entire constituency, asserting that it was unacceptable for the constituency to be informed that time had run out, and they should wait for the next general elections.
The court emphasized that it was the responsibility of the ECI to ensure the timely filling of a vacant Lok Sabha seat so that constituencies are not left without representation
“Constituencies cannot remain unrepresented beyond a defined period. In any parliamentary democracy, the government is elected representatives who are the voice of the people. If a representative is no more, another must be put in place. The people cannot go unrepresented. That is wholly unconstitutional and is fundamental anathema to our constitutional structure,” stated the court in its order.
The petitioner, Sughosh Joshi, a registered voter in the Pune constituency, contested the ECI’s August 23 certificate under Section 151A of the Representation of People’s Act (RP Act), which claimed that the ECI could not conduct a by-election.
Advocate Kushal Mor, representing Sughosh Joshi, argued that once a seat becomes vacant, an election must be notified and held within a specified timeframe.
According to the provisions of the RP Act, if the vacancy’s term is less than a year from its onset, an election need not be called.
The ECI contended that its machinery had been occupied with preparations for the upcoming general elections of 2024 since March 2023.
The court dismissed this claim, stating, “The word ‘difficulty’ in the law cannot be read in this manner to mean some administrative inconvenience. No amount of administrative inconvenience can undermine the statutory obligation to hold an election.”
The court concluded that asking the writ court to accept the difficulty was unreasonable and inconsistent with the ECI’s actions.
It held that the business of the ECI staff could not result in citizens going unrepresented, deeming such an outcome unthinkable and tantamount to sabotaging the entire constitutional framework.
In light of these observations, the court granted the petition filed by Sughosh Joshi and directed the ECI to immediately conduct by-elections for the vacant constituency.
