Court declares Election Commission’s notification invalid for violating statutory provisions of the Representation of the People Act, 1951.
In a significant judgment, the Bombay High Court has quashed the Election Commission of India's notification for conducting by-elections in the 21-Ponda Constituency of the Goa Legislative Assembly. The court ruled that the notification was in violation of Clause (a) of the proviso to Section 151-A of the Representation of the People Act, 1951. This clause prohibits by-elections if the remainder of the term for the newly elected member would be less than one year.
The bench comprising Justices Valmiki Menezes and Amit S. Jamsandekar delivered the judgment, emphasizing that the election process was initiated with the notification dated 16th March 2026, even though the term for the elected MLA would be less than one year, violating the statutory requirement. As per the court's analysis, the term of the current assembly ends on 14th March 2027, and the election results were scheduled to be declared on 4th May 2026, leaving less than a year for the newly elected MLA to serve.
The court referenced the case of Sandeep Yashwantrao Sarode v. Election Commission of New Delhi, which set a precedent that the calculation of the remainder of the term should begin from the date of the election result declaration, not from the vacancy occurrence date. The court also noted that the Election Commission failed to obtain a certificate to postpone the elections beyond the six-month period mandated by the main section of 151-A.
The court's decision came after hearing the petitions filed by Pritam Harmalkar, challenging the validity of the election notification, which was issued despite the statutory prohibition. The court's ruling underscores the importance of adhering to legislative intent and statutory provisions while conducting elections, thereby maintaining the sanctity of democratic processes.
The Election Commission had argued for a stay on the judgment, citing logistical preparations and casting of postal ballots; however, the court dismissed this request, emphasizing the legal nullity of the notification.
Bottom Line:
Representation of the People Act, 1951 - Bye-election notification issued when the remainder of the term for an incoming MLA would be less than one year is contrary to Clause (a) of the proviso to Section 151-A of the Act.
Statutory provision(s): Representation of the People Act, 1951 - Section 151-A, Article 329 of the Constitution of India
Pritam Harmalkar v. Election Commission of India, (Bombay)(Goa)(DB) : Law Finder Doc id # 2879897
