SC: Revisional Jurisdiction Cannot Correct Factual Errors Despite Alleged Concealment  ||  Supreme Court: Wrong Statement in Pleadings is Not Always a False Statement, Perjury Case Quashed  ||  SC: Under JJ Act, Murder Falls Within Heinous Offences; S. 302 IPC Prescribes Minimum Life Sentence  ||  Supreme Court: Cognisance of FERA Complaint is Invalid Without Prior Notice to the Accused  ||  Supreme Court: Terror Cases Cannot Curtail Constitutional Safeguards and the Right to Fair Trial  ||  Supreme Court: Terror Cases Cannot Curtail Constitutional Safeguards and the Right to Fair Trial  ||  SC Upheld Husband's Conviction For Murdering His Wife over an Extramarital Affair  ||  J&K&L High Court: Mere Admission of Issuing Cheque is Not a Plea of Guilt under S.138 NI Act  ||  Calcutta HC: Aadhaar Card Prima Facie Establishes Occupation; Demolition Without Notice is Unlawful  ||  Gauhati High Court: Wildlife Law Doesn't Bar Trade in Unprotected Ornamental Fish Species    

Section 151 A of the Representation of the People Act 1951 mandates ECI to fill casual vacancies- (Press Information Bureau) (09 Oct 2018)

MANU/PIBU/1412/2018

Election

It is understood that some newspapers have reported that the Commission on the one hand announced the bye elections to fill the three casual vacancies in Lok Sabha from Karnataka while the bye elections to fill five vacancies in Lok Sabha from Andhra Pradesh have not been announced.

In this connection, it is to be noted that vacancies from 9-Bellary (ST), 14-Shimoga and 20-Mandya Parliamentary Constituencies of Karnataka have occurred on 18th May, 18th May and 21st May, 2018 respectively, whereas vacancies from the five parliamentary constituencies from Andhra Pradesh have occurred on 20th June, 2018.

Section 151A of the Representation of the People Act, 1951 mandates the Election Commission to fill the casual vacancies in the Houses of Parliament and State Legislatures through bye elections within six months from the date of occurrence of the vacancy, provided that the remainder of the term of a member in relation to a vacancy is one year or more.

The term of sixteenth Lok Sabha is upto 3rd June, 2019. As the vacancies from Karnataka have occurred more than one year before the expiration of the term of House, bye elections are required to be held under Section 151A of R. P. Act 1951 to fill these vacancies within six months from the date of occurrence of vacancies that is 18th & 21st May, 2018. In the case of vacancies from Andhra Pradesh, there is no need to hold bye elections as the remaining term of the Lok Sabha is less than one year from the date of occurrence of vacancies that is 20th June, 2018.

Section 151A of the Representation of the People Act, 1951 is reproduced below:

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 the 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.

Tags : CASUAL VACANCY   FILLING OF  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved