The court affirmed that the Election Commission can hold bye-elections even if the remainder of the term is less than one year, ensuring legislative representation.

JUDGMENT

Sudhir Singh, J.

By way of the present writ petition, the petitioner has sought issuance of an appropriate writ for quashing the impugned Press Note/Notification dated 16.03.2023 (Annexure P-1) issued by respondent No.1 for holding bye-election of the Assembly Constituency No.21-Karnal, Haryana. The petitioner has also sought interim relief for staying operation of the impugned Press Note/Notification, during the pendency of the present writ petition.

2. As per the facts on record, the Assembly Elections for the State of Haryana were held in 2019. Mr. Manohar Lal (who later on became the Chief Minister, Haryana) was elected a Member of Legislative Assembly from Karnal constituency. The term of the State Legislative Assembly, which commenced on 04.11.2019, is to expire on 03.11.2024. However, it so happened that Mr. Manohar Lal resigned from his Membership on 13.03.2024 (A.N.) and it was accepted by the Speaker of the Legislative Assembly on the same day itself. Thus, there arose a vacancy in the Legislative Assembly in terms of Section 150 of the Representation of People's Act, 1951 (for short 'the Act').

3. Pursuant to the aforesaid occurrence of the vacancy, respondent No.1 issued the press note/notification in order to fill the said vacancy by way of a Bye Election. The said notification contained the dates of Gazette notification as 29.04.2024, nomination deadline as 06.05.2024, candidature's withdrawal deadline as 09.05.2024, polling as 25.05.2024, ballot counting as 04.06.2024 and the completion of the bye election process as 06.06.2024.

4. Notice of motion.

5. On advance notices having been served, Mr. Prateek Gupta, Advocate, appears and accepts notice on behalf of respondent No.1, whereas Mr. Naveen S. Bhardwaj, Addl. AG, Haryana, accepts notice on behalf of respondent Nos. 2 and 3. They have further filed their counters, which are taken on record.

6. Learned counsel for the petitioner has argued that the declaration of bye election result is slated for 04.06.2024, whereas the term of the Legislative Assembly is set to expire on 03.11.2024. It is further contended that the Code of Conduct would be necessitated before the General Elections for the Legislative Assembly of Haryana and in this way, the new candidate will have only two effective months to discharge his duties. While referring to the provisions of Section 151A of the Act, it is contended that the tenure of the vacancy in question is less than one year and therefore, in terms of Proviso (a) to Section 151A of the Act, the impugned Press Note/Notification could not have been issued by respondent No.1 and the same is bad in law. He has further relied upon the judgments of the Nagpur Bench of the Bombay High Court in WP No.2251-2019 Mr. Sandeep Yashwantrao Sarode v. Election Commission of India and others, decided on 12.04.2019 (Annexure P.6) and in WP No.1986-2024 Anil v. Election Commission of India and others, decided on 26.03.2024 (Annexure P.7). It is further contended that the Election Commission of India did not challenge the said order (Annexure P-7) by way of an SLP before the Apex Court and rather, has chosen to issue a Press Note dated 27.03.2024 (Annexure P-8) withholding the Bye-Elections to the Akola West Assembly Constituency of Maharashtra pursuant to the order passed by the Bombay High Court in WP No.1986 of 2024 (supra).

7. Learned counsel for the petitioner submits that once the Election Commission of India has issued Press Note (Annexure P-8) in respect of a similarly circumstanced issue, though pertaining to an Assembly constituency in Maharashtra, its conduct of proceeding with the bye-election in terms of the impugned Press Note/Notification (Annexure P.1) as regards Karnal Constituency, is arbitrary and discriminatory and, the same is, thus, liable to be quashed by this Court. It is further submitted that in respect of the bye-election in question, a lot of public expense is involved and the public exchequer cannot be burdened wi