VidhiSangh

Supreme Court of India · 05/08/2019

NITIN BANDOPANT SALAGRE versus THE STATE ELECTION COMMISSION & ANR.

[2019] 10 S.C.R. 1121 · 2019 INSC 859

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Pendency of an election petition does not automatically bar a municipal byelection. Where a councillor’s caste certificate is invalidated and a previously filed election petition seeks a declaration that the next-highest candidate was elected, the State Election Commission must consider that claim and the statutory conditions before calling a fresh election. The High Court judgment was set aside and the Commission was directed to reconsider before fixing byelection dates; the runners-up were not declared elected by this judgment.

Issues

  1. Whether pending election petitions seeking a declaration for the next-highest candidate automatically prevent byelections after caste-certificate invalidation.
  2. What statutory considerations must precede the Commission’s decision.

Provisions considered

Held

Result

Appeals allowed and High Court judgment set aside. State Election Commission to take a fresh decision about the ward byelections, applying the stated statutory considerations before notifying election dates. No automatic stay of all byelections or declaration electing the appellants granted.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 1121.