Back
SUDHIR SINGH, HARSH BUNGER
Kunal Chanana – Appellant
Versus
Election Commission of India – Respondent
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
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.
Proviso (a) to Section 151-A bars bye-elections if incoming member's term from result declaration is under one year; coordinate bench's literal interpretation binding, quashing notification.
Election – Delay in - When the Commission itself has admitted that it is duty bound to conduct the election and complete the process at the earliest, it is only appropriate that it takes expeditious ....
The court determined that indirect elections for Mayor can proceed despite the short duration remaining in the current term, affirming distinct treatment from direct elections subject to statutory re....
A bye-election cannot be conducted if the remaining tenure for the elected member is less than six months, as per the proviso to Section 63 of the Maharashtra Zilla Parishads and Panchayat Samitis Ac....
Elections for a casual vacancy in a municipal council must be held within statutory timelines, and if less than six months remain in the council's term, the vacancy should not be filled.
The tenure of elected municipal councillors is strictly five years as per constitutional mandate, with no provisions for extensions despite interruptions caused by administration appointments.
The court upheld the Haryana Municipal (Amendment) Act, 2018, affirming the State Election Commission's authority to remove elected officials for disqualifications, aligning with legislative competen....
The State has discretion under the Gujarat Act to either extend the term of market committee members or appoint an Administrator after the term expires, depending on the existence of valid reasons fo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
