The Jharkhand High Court has dismissed a petition challenging the notification issued by the Election Commission (EC) for the by-election to the Gandey assembly seat.
Plea
The petition argued that the notification contradicts section 151 A of the Representation of Peoples Act, which supposedly stipulates that if the remainder of the term is less than one year, no by-election could be conducted.
The Gandey seat became vacant following the resignation of JMM MLA Sarfaraz Ahmad on December 31, 2023.
Petitioners contended that since the current assembly’s term will expire in January 2025, holding a by-election for the Gandey seat would be irrelevant.
The Judge
After hearing the arguments, Justice Ananda Sen upheld the Election Commission’s notification to conduct the by-election.
The ruling JMM has nominated Kalpana Soren, the wife of former chief minister Hemant Soren, as its candidate for the bypoll.
