Sunil B. Shukre, J.

The petitioner, who is Chairman of Panchayat Samiti, Katol and Director of Agriculture Produce Market Committee, Katol, District Nagpur, has questioned the legality and correctness of the declaration of holding of bye-election to fill the casual vacancy, which has arisen in 48-Katol Assembly Constituency. Declaration has been made vide Election Commission of India ("ECI" for short), press note dated 10.03.2019 and the election is scheduled for 11.04.2019.

2. The petitioner submits that Legislative Assembly seat from Katol constituency was represented by Mr. Ashish Ranjit Deshmukh who, after completing four years of his term, tendered his resignation which was accepted by the Speaker of Legislative Assembly of Maharashtra on 06.10.2018 and since then, the legislative assembly seat has fallen vacant.

3. According to the petitioner, the declaration to hold the election to the casual vacancy on 11.04.2019, violates the mandate of Section 151 of the Representation of the People Act, 1951 ("R.P. Act, 1951" for short) on two grounds.

(a) Firstly, Section 151-A of the R.P. Act, 1951 mandates that a bye-election for filling any vacancy referred to in Sections 147,