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2010 Supreme(SC) 1173

Election Commission of India – Appellant
Versus
Telangana Rastra Samithi – Respondent


JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. The Election Commission of India has filed this appeal against the judgment and order dated 30th June, 2010, passed by the Division Bench of the Andhra Pradesh High Court in Writ Petition No.14443 of 2010 filed by the Respondent, Telangana Rastra Samithi, challenging the decision of the Commission not to hold bye- elections to 28-Vemulawada and 29-Sircilla Assembly Constituencies in the State of Andhra Pradesh. The writ petition involving the holding of bye-elections to casual vacancies in the State Legislative Assembly, was allowed by the High Court by its impugned judgment by applying the literal rule of interpretation. It was held that the provisions of Section 151A of the Representation of the People Act, 1951, hereinafter referred to as ‘the 1951 Act’, were mandatory and that the pendency of election petitions and the uncertain consequences that might follow would not in any manner dilute the effect of Section 151A, especially when the Speaker of the Assembly had already notified the vacancies as contemplated under Article 190(3)(b) of the Constitution read with Section 150 of the aforesaid Act and had directed the Appellant he





















































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