ELECTION COMMISSION OF INDIA versus TELEANGANA RASTRA SAMITHI & ANR.

ELECTION COMMISSION OF INDIA versus TELEANGANA RASTRA SAMITHI & ANR.

Vacancies arising due to resignation in respect of which election petitions are pending are not available for being filled up by way of a bye-election until the proceedings under Section 84, including allegations of corrupt practices (Section 98(c), 101(b), and Section 8A), have run their full course. The introduction of Section 151A prescribing a time limit for filling up vacancies does not alter this position or render Section 84, 98(c), or 101(b) redundant.

Parties
Appellant: Election Commission of India; Respondent No. 1: Teleangana Rashtra Samithi; Respondent No. 2: Another Respondent (unspecified)
Jurisdiction
India
Judgment Date
03 December 2010
Procedural Posture
Civil Appeal / Supreme Court Appellate Review of High Court Order
Outcome
Appeal allowed
Legal Topics
Interpretation of Statutes, Vacancies in Legislative Assembly, Bye Elections, Pendency of Election Petitions, Representation of the People Act
Election Law Constitutional Law Interpretation of Statutes Vacancies in Legislative Assembly Bye Elections Pendency of Election Petitions Representation of the People Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Election Commission of India

Appellant

Teleangana Rashtra Samithi

Respondent No. 1

Another Respondent (unspecified)

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appellate Review of High Court Order

Legal Issues

  1. 1 Whether Election Commission is compelled to hold bye-elections in cases where election petitions are pending despite vacancies being notified.
  2. 2 Effect of Section 151A of the Representation of the People Act, 1951, on pending election petitions.
  3. 3 Whether the introduction of Section 151A alters the effect of Section 84, 98(c), and 101(b) of the Representation of the People Act, 1951.

Ratio Decidendi

Vacancies arising due to resignation in respect of which election petitions are pending are not available for being filled up by way of a bye-election until the proceedings under Section 84, including allegations of corrupt practices (Section 98(c), 101(b), and Section 8A), have run their full course. The introduction of Section 151A prescribing a time limit for filling up vacancies does not alter this position or render Section 84, 98(c), or 101(b) redundant.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court set aside.
  • Writ petition filed by respondent for direction to hold bye-elections in 28-Vemulawada and 29-Sircilla Assembly Constituencies dismissed.