HC says no Assembly bypoll in Akola-west

THE NAGPUR bench of Bombay HC Tuesday set aside an EC notification for bypoll to Akola-west Assemblyconstituencyinmaharashtra’s Vidarbha on April 26.

A division bench of Justices Anil Kilor and M S Jawalkar held there will be no bypoll for the Assembly seat, which fell vacant after BJP MLA Govardhan Sharma died on November 3, last year.

The bench held that the EC’S notification on March 16 cannot sustain as the new member will getlessthanoneyeartorepresent the constituency and the same wouldbeaviolationofsection151 (A) of the Representation of the People Act. The court passed an order in a plea by local resident Anil Shivkumar Dubey, who had sought directive to quash and set aside the EC notification. Advocate J B Gandhi, representing Dubey, submitted that the term of Assembly ends in November, 2024 and the new member to be declared on June 4 will get only 3 months term.

The bench had noted that the question before it was whether the period of one year relates to the date of occurrence of the vacancy or the period available to hold the post by the elected candidate in the bye-election.

As per section 151 (A) (a) of RP Act, which provides time limit for filling vacancies in the legislature, a by-election for filling any vacancy shall be held within six months from the date of the occurrenceofthevacancy.however, the same does not apply if the remainderofthetermofnewmember is less than one year.

“EC notification dated March 16 to the extent of Akola West constituency has been set aside and it is declared there shall be no by-election in the segment,” Justice Kilor-led bench held.