India Supreme Court stays high court order directing by-polls after legislator’s death News
© JURIST (Neelabh Bist)
India Supreme Court stays high court order directing by-polls after legislator’s death

The Indian Supreme Court (SC) on Monday stayed the Bombay High Court’s (BHC) order directing the Election Commission of India (ECI) to conduct by-polls for the Pune constituency of India’s lower house of Parliament, Lok Sabha. Girish Bapat, a Member of Parliament from Pune, passed away in early 2022, creating a vacancy. The present Lok Sabha term is scheduled to end on 16 June 2024.

The SC explained that the case involves the interpretation of Section 151A of the Representation of the People Act 1951. The SC issued a notice to the Ministry of Law and Justice of the Government of India and put a stay on the BHC order, for now.

By-polls for Lok Sabha seats in India are conducted to fill vacancies arising from the death or resignation of a Member of Parliament. Governed by the Representation of the People Act, 1951 and Election Commission guidelines, these elections must occur within six months of the vacancy. The process, including nomination, scrutiny, voting, and counting, mirrors that of general elections. The Model Code of Conduct is also applicable to ensure fair campaigning. By-polls serve to maintain representation in Parliament between general elections.

Girish Bapat, a prominent figure in the ruling Bharatiya Janata Party (BJP), passed away in March 2022 due to a prolonged illness. Bapat, an MP from Pune, a city in the state of Maharashtra, played a key role in strengthening the party in the district. He was elected to the Lok Sabha in 2019 after consecutively winning state Legislative Assembly elections from 1995 to 2014. Bapat served as a state minister in the BJP-led government from 2009 to 2014. He was also a committed member of the Rashtriya Swayamsevak Sangh (RSS), the parent organisation of the BJP. He was imprisoned during the 1975 State Emergency and worked as a labourer before entering politics. Despite his illness, Bapat actively participated in the 2019 Lok Sabha election campaign. After his demise, political leaders from various parties paid their respects, and the Maharashtra government accorded him a state funeral with full honours.

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