1. These petitions involving similar and akin issues have been considered together; and with the consent and at the request of learned counsel appearing for the contesting parties, are taken up for disposal, at this stage itself.

2. Four petitions in this group, being W.P.Nos.46107/2018, 45852/2018, 46108/2018 and 47221/2018, have been filed by different writ petitioners on the same cause, where they seek to question the legality and validity of declaration of bye-elections by the Election Commission under its press note dated 06.10.2018, to fill up the casual vacancies in the Lok Sabha from 3 Parliamentary constituencies of Karnataka, namely, (i) 9–Ballari (ii) 14–Shivamogga and (iii) 20–Mandya.

3. In essence, the contention on the part of the petitioners is that the term of the present Lok Sabha being until the month of May-2019, the proposition of holding bye-elections now and at this stage would practically result in the newly elected members getting the term of less than one year and such a course is not envisaged by law, particularly in view of clause (a) of the proviso to Section 151A of the Representation of the People Act, 1951 (‘the Act of 1951’).

4. During the course of submissions in W.P.No.46107/2018 and the cognate matters, it was pointed out that similar nature petitions filed in the year 2013, being W.P.Nos.32771/2013 and 32792/2013 were also pending, in which similar questions were raised at the time of holding of bye-elections under the press note dated 19.07.2013 to (i) 20–Mandya and (ii) 23–Bengaluru Rural Parliamentary constituencies, though the prayer for interim relief was rejected in the said petition. For the similar questions being involved, as regards operation of provisions of Section 151A of the Act of 1951, all these petitions have been taken up together.

5. Having regard to the questions involved in these matters, we may take note of Section 151A of the Act of 1951 at the outset and as under:

“151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151. – Notwithstanding anything contained in section 147, section 149, section 150 and section 151, a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of occurrence of the vacancy:

Provided that nothing contained in this section shall apply if

(a) the remainder of the term of a member in relation to a vacancy is less than one year; or

(b) the Election Commission in consultation with the Central Government certifies that it is difficult to hold the bye-election within the said period.”

6. The factual aspects are not much in dispute. A brief reference thereof may be made from W.P.No.46107/2018, relating to the elections declared under the press note dated 06.10.2018.

7. The elections to the 16th Lok Sabha were conducted between 07.04.2014 to 12.05.2014 and the results were declared on 16.05.2014. According to the petitioner, 16th Lok Sabha is deemed to have been constituted on 16.05.2014 for a term of 5 years. It has been pointed out that some of the vacancies having arisen, the Election Commission presently intends to hold bye-elections as regards such vacancies to the Parliamentary constituencies from the State of Karnataka. The petitioner has submitted that the vacancies in question have arisen for the 3 earlier elected members of Lok Sabha having resigned between 19.05.2018 and 23.05.2018 on account of the fact that they have been elected to the Karnataka Legislative Assembly. It is submitted that the Election Commission issuing the declaration for holding the elections in these vacancies only in the month of October, 2018, the polling being proposed for 03.11.2018, and results to be declared on 06.11.2018, would ultimately lead to the position that the term available for such elected representatives shall be far less than one year.

8. It is submitted that as a result of exercise proposed to be undertaken, when the elected members will get the t