Supreme Court of India on July 28, admitted the Special Leave Petition (SLP) filed by Nagaland Pradesh Congress Committee (NPCC) against holding bye-election to the 10-Northern Angami-I Assembly Constituency on July 29 by issuing notice to the Election Commission of India that the result of the by election would be subject to the outcome of the case.
NPCC through its media cell said it had filed a SLP against holding of bye-election, since it contravened the provisions under Section 255 of the Representations of the Peoples Act, 1951.
NPCC pointed out that Section 255 of the Representations of the Peoples Act, 1951 stated that notwithstanding sections 147,149,150 and 151 by election for filling up any vacancy be referred to in as of the above sections within six month from the date of occurrence of vacancy.
Bye-election shall not be held if the remainder of the term of the member in relation to the vacancy is less than one year and (b) ECI in consultation with the central government certifies that it is difficult to hold by election within the said period.
It may be pointed out that the principal Bench of Gauhati High Court earlier this month ruled that “by elections can be held even if member’s remainder term is less than a year”.
NPCC had challenged the notification for holding bye-election on the ground that the remainder of the term of a member in relation to the vacancy if less than one year as per the above sections.
However, the GHC observed that the provisio(a) to Section 151 of the Representation of People Act, “is merely an exception to a statutory mandate that by election for filing up casual vacancy must be held within six months from the date of occurrence of the vacancy.” The court said the provisio did not say that no by election shall be held to fill up a vacancy if the remainder of the term of a member in relation to the vacancy is less than one year.