The poll panel is said to have cited before the SC the rulebook on its role, remit and discretion in deciding the poll calendars as well as precedents of bypolls held back ahead of Lok Sabha elections, ET has learnt.
While the case is likely to be heard in January, it has implications on multiple fronts – from opening doors for other bypolls to the larger issue of EC’s remit and discretion in scheduling of elections.
Case in point, with Lok Sabha polls likely to be held in March-April of 2024, an adverse order for EC would mean a bypoll and a newly elected MP with a term of just 2-3 months.
By implication, it could also lead to demands for bypolls to be held in Ambala, Ghazipur and Chandrapur as well- all of which fell vacant between March to May this year like Pune and should have ideally gone to poll between September-November.
Rulebook Question
At the root of the issue is Section 151A of the Representation of Peoples Act, 1951 that mandates EC to fill the vacancies in the Houses of Parliament and legislatures through byelections within six months from the date of occurrence of the vacancy. The same Section 151 also provides that an exception is permissible when the remainder of the term of a member in relation to a vacancy is less than one year.
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