VidhiSangh

Supreme Court of India · 09/05/2018

PRAMOD LAXMAN GUDADHE versus ELECTION COMMISSION OF INDIA AND ORS.

[2018] 4 S.C.R. 397 · 2018 INSC 464

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

Summary

The Supreme Court rejected a challenge to the Bhandara–Gondiya parliamentary bye-election. For the one-year exception in section 151A, the remaining term was assessed when the vacancy arose on acceptance of the member’s resignation, rather than by the new member’s anticipated effective working period. With more than a year remaining and no pending election petition, the statutory obligation to fill the vacancy applied. Election expenditure and the future model code of conduct did not justify leaving the constituency unrepresented.

Issues

  1. When the remaining term is assessed for the one-year exception to the statutory bye-election requirement.
  2. Whether election costs or the anticipated model code of conduct justify avoiding a bye-election.

Provisions considered

Held

Result

Special leave petition dismissed; no order as to costs. The High Court’s refusal to restrain the bye-election was sustained.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 397.