Allahabad High Court Directs ECI To Hold Bye-Elections In UP's State Assembly Constituency 'Suar', Rampur Forthwith [Read Order]
4 years, 5 months ago

Allahabad High Court Directs ECI To Hold Bye-Elections In UP's State Assembly Constituency 'Suar', Rampur Forthwith [Read Order]

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The Allahabad High Court on Thursday directed the Election Commission of India to start the process for holding bye-elections in Uttar Pradesh's State Assembly Constituency, "Suar" Rampur, forthwith. "The whole controversy in the present writ petition is with regard to not holding bye-election of UP State Assembly Constituency, 'Suar', Rampur, despite the seat falling vacant on 16.12.2019 and issuance of notification by the State Assembly on 27.02.2020, after the election of Mohammad Abdulla Azam Khan from the aforesaid 'Suar' Assembly was declared void and consequently set aside on 16.12.2019, in an election petition, by this Court", noted the bench. The contention of the petitioner, a former Chairman of the Nagar Palika Parishad of the said constituency, was that once the election has been set aside by the High Court in the Election Petition and no interim order has been passed and a vacancy has been duly notified by the State Assembly, there cannot be any justification for the Election Commission not to hold the elections. The counsel for the Election Commission, while referring to Section 116-C of the Act, had contended that after deciding the appeal, the Supreme Court shall intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and as soon as may be thereafter shall send to the Election Commission an authenticated copy of the decision; and upon its receipt, the Election Commission shall forward copies thereof to the authorities to which copies of the order of the High Court were forwarded under section 106 of the Act.

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