IMPORTANT POINT
In case of resignation by an MP the election should be held within six months unless remainder of the term is less than one year.

JUDGMENT

Dipak Misra, CJI.

In a hallowed democratic body polity, the seminal requirement is fair and timely election. Purity of election abandoning any kind of dogmatic idea is consubstantial to sustain the fundamental concept of democracy which is a basic feature of our Constitution. If the ‘thought of democracy’ is sullied, the cornerstone of the rule of law is corroded. When an individual, bereft of his status, goes to an election booth to cast his vote, he feels empowered and dignified and his self-esteem is accentuated as his inner conscience tells him that in his exercise of franchise, he is choosing a representative who shall represent the constituency. This is the very sense of feeling empowered. The participation makes him realize his political right and the collective feels that there shall be governance in accord with the Constitution so that the individual rights are protected and the collective aspirations are taken care of. It has been said by many protagonists of democracy that an atmosphere should always exist when precepts of democracy remain safe.

2. The Constitution of India gives emphasis on many aspects of political rights having regard to the rights of an individual. Thus, in a democracy, holding of elections becomes significant and the constitutional and statutory provisions take care of it. Eligibility criteria has been provided for to contest an election and sometimes more restrictions are added in respect of elections to the local self-governments. Delimitation and reservation of constituencies are conceived of and fructified so that the inclusive character of the Constitution is strengthened. The provisions in the Representation of the People Act, 1951 (for brevity, ‘the Act’) are engrafted to cover many aspects of

election including the manner, method of holding elections and the grounds for setting aside the election. The Act also obliges the competent authority to see to it that no constituency remains unrepresented beyond a definite period. It is because the elected representative is expected to echo the concerns of the electoral college in entirety. The voters cannot be deprived of the said right if the statute confers such a protection. Though the right to contest an election is not a fundamental right, yet no interpretation should be placed on a statutory provision that will defeat the essential purpose of representation.

3. The prefatory note has become a warrant as the petitioner, a voter of Bhandara – Gondiya parliamentary constituency, in this special leave petition, has, in an astute manner, conceived a challenge by propounding that the High Court has erroneously interpreted Section 151A of the Act.

4. The elected representative, who was elected to the aforementioned constituency in the General Election to the Lok Sabha conducted on 04.06.2014, tendered his resignation as the Member of Parliament under Article 101(3) of the Constitution read with Rule 240(1A) of the Rules of Procedure and Conduct of Business in Lok Sabha on 08.12.2017 and the same was accepted on 14.12.2017.

5. As the seat fell vacant, the petitioner, a public spirited person, approached the High Court of Judicature at Bombay, Nagpur Bench at Nagpur under Article 226 of the Constitution in Public Interest Litigation No. 31 of 2018 contending, inter alia, that if the election commenced in the month of May, 2018, the effective period which the new incumbent would get is only upto March, 2019, that is, less than one year and, therefore, he would not be in a position to function with all vigour and render service to the public and further, there shall be huge expenditure in conducting the election. He had drawn support from Report No. 255 of the Law Commission of India on Electoral Reforms. Reliance was placed on Section 151A of the Act to substantiate the stand that holding of election was not permissible under the said provision.

6. The High Court, scrutinizing the language employed in Section 151A, opined that the