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2018 Supreme(Kar) 869

DINESH MAHESHWARI, S.SUJATHA
A. P. Ranganatha – Appellant
Versus
Chief Election Commission Nirvachan Sadan – Respondent


Advocates Appeared:
For the Petitioners:Sri D.R. Ravishankar, Advocate.
For the Respondents:Sri S.R. Dodwad, Advocate.

ORDER :

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










































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