The Supreme Court on Monday stayed the Bombay High Court’s directive to the Election Commission of India (ECI) to conduct a bye-election for the Pune Lok Sabha seat. The seat has been vacant since the passing of MP Girish Bapat on March 29, 2023.
A bench of Chief Justice of India DY Chandrachud along with Justices JB Pardiwala and Manoj Misra granted the interim order while issuing a notice on the Special Leave Petition (SLP) filed by the ECI challenging the High Court’s order dated December 13, 2023.
The bench noted the applicability of Section 151A of the Representation of Peoples Act 1951 in the present case. According to this provision, the ECI is not obligated to hold a bye-election to fill a vacant seat if the remaining term related to the vacancy is less than one year. The bench mentioned that it would schedule the matter for March or April and establish legal principles.
The High Court, in its judgment, highlighted that the Lok Sabha Secretary’s notification had confirmed the vacancy since March 29, 2023, while the current Lok Sabha term concludes on June 16, 2024.
A division bench of Justice GS Patel and Justice Kamal Khata dismissed the ECI’s argument that organizing a by-election was challenging.
The bench emphasized that constituencies cannot remain without representation beyond a defined period, emphasizing the essential role of elected representatives in parliamentary democracy.
The Court asserted the inconsistency in the ECI’s stance, as it had conducted by-elections for various Legislative Assembly and Lok Sabha constituencies since the Pune seat became vacant. It stressed that the relevant date for considering the by-election is the date of the vacancy, leaving no room for ambiguity.
