No By-Election For Akola West Assembly Constituency: Bombay High Court Quashes ECI's Notification
9 months, 1 week ago

No By-Election For Akola West Assembly Constituency: Bombay High Court Quashes ECI's Notification

Live Law  

The Bombay High Court on Tuesday quashed the Election Commission of India's by-election notification for the Akola West Assembly Constituency, Maharashtra and held that there will be no bye-poll for the constituency. “As the period of less than one year is left as a balance term an incoming member would get from the date of declaration of the result of the bye-election, we have no hesitation to hold that the impugned notification dated 16/03/2024 issued by the respondent No.1 is contrary to proviso to Section 151-A of the Act of 1951”, the court observed. The court allowed a writ petition filed by local resident Anil Shivkumar Dubey who challenged the notification issued by the Election Commission of India on March 16, 2024, which declared bye-elections for the said constituency. The court relied on the Supreme Court judgment in Sandeep Yashwantrao Sarode v. Election Commission of India that interpreted "the remainder of the term" as the period an incoming member would serve, not from the occurrence of the vacancy but from the declaration of the bye-election result.

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History of this topic

ECI Allocates 'Whistle' Symbol to Bahujan Vikas Aghadi for Maharashtra Assembly Election
2 months ago

ECI Allocates 'Whistle' Symbol to Bahujan Vikas Aghadi for Maharashtra Assembly Election

The Hindu  

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HC dismisses Maneka’s election petition on ground of delay
4 months, 3 weeks ago

HC dismisses Maneka’s election petition on ground of delay

Hindustan Times  

LUCKNOW The Lucknow bench of the Allahabad high court on Wednesday dismissed the petition filed by former BJP MP from Sultanpur Maneka Gandhi challenging the election of Samajwadi Party MP Rambhual Nishad on the ground of delay in filing. In the petition filed on July 27, Gandhi pointed out that out of 12 criminal cases, Nishad only mentioned eight in …

Election Commission Submits To Supreme Court Schedule For Bye Election For Manicktala Constituency In West Bengal
7 months, 1 week ago

Election Commission Submits To Supreme Court Schedule For Bye Election For Manicktala Constituency In West Bengal

Live Law  

The Election Commission of India submitted to the Supreme Court in a sealed cover the schedule for holding a bye-election for the Manicktala Assembly Constituency in the West Bengal Legislative Assembly.The Bench Comprising Justices PK Mishra and KV Viswanathan heard the matter. The Election Commission of India submitted to the Supreme Court in a sealed cover the schedule for holding …

Can Notify Bye-Election For Manicktala(WB) Constituency After Pending Election Petition Is Withdrawn: ECI Tells Supreme Court
8 months ago

Can Notify Bye-Election For Manicktala(WB) Constituency After Pending Election Petition Is Withdrawn: ECI Tells Supreme Court

Live Law  

The Election Commission of India informed the Supreme Court on Monday that the bye-election to the Manicktala constituency in West Bengal can be notified as soon as the Election Petition pending in the Calcutta High Court challenging the election of the returned candidate is withdrawn.The Court was hearing a petition seeking to hold a bye-election in. The Election Commission of …

Supreme Court Seeks ECI Response On Plea To Cancel Election If NOTA Gets Majority Votes
8 months, 2 weeks ago

Supreme Court Seeks ECI Response On Plea To Cancel Election If NOTA Gets Majority Votes

Live Law  

The Supreme Court on Friday issued notice on a petition seeking a direction that an election must be declared as "null and void" if maximum votes from the constituency are polled for "None of The Above" and a fresh election should be held for the constituency. The petitioner also sought a direction that the same candidates, who lost to NOTA, …

No bypoll in Akola West assembly seat, says HC; sets aside EC notification
9 months, 2 weeks ago

No bypoll in Akola West assembly seat, says HC; sets aside EC notification

Deccan Chronicle  

Nagpur, Mar 26 The Bombay High Court's Nagpur bench on Tuesday set aside the Election Commission notification issued for holding bypoll in the Akola West assembly constituency in Maharashtra on April 26. A division bench of Justices Anil Killor and MS Jawalkar declared that there shall be no by-election in the assembly segment, which fell vacant after its sitting MLA …

ECI Directs to Prepare Registration of Votes for Graduates MLC by-Polls
1 year ago

ECI Directs to Prepare Registration of Votes for Graduates MLC by-Polls

Deccan Chronicle  

Hyderabad: The Election Commission of India on Friday directed Chief Electoral Officer, Telangana state, Vikas Raj prepare for the byecletion to the Warangal, Khammam and Nalgonda graduates' constituency. The bypoll was necessitated by the resignation of incumbent MLC Palla Rajeswar Reddy, who won the Assembly election and chose to stay as an MLA. ECI secretary Pawan Diwan on Friday said …

Bombay High Court Directs Election Commission Of India To Conduct Bye-Election for Vacant Pune Lok Sabha Seat
1 year ago

Bombay High Court Directs Election Commission Of India To Conduct Bye-Election for Vacant Pune Lok Sabha Seat

Live Law  

The Bombay High Court on Wednesday ordered the Election Commission of India to conduct a bye-election immediately for the Pune Lok Sabha constituency, which has been vacant since the death of MP Girish Bapat on March 29, 2023. The court quashed ECI's certificate stating that bye-elections will not be held as it is busy with preparation for 2024 General Elections …

'Bar Under Article 329 of Constitution': ECI Objects To Maintainability Of Plea In Calcutta HC Against Bhowanipore Bye-Election
3 years, 3 months ago

'Bar Under Article 329 of Constitution': ECI Objects To Maintainability Of Plea In Calcutta HC Against Bhowanipore Bye-Election

Live Law  

The Election Commission of India raised a preliminary objection to the maintainability of the Public Interest Litigation petition challenging the decision of the Election Commission of India to prioritize the bye-elections of Bhowanipore Assembly Constituency from where the Chief Minister of West Bengal Mamata Banerjee is set to contest on September 30. The counsel for the petitioner argued before a …

PIL Moved In Calcutta HC Challenging ECI's Decision To 'Prioritise' Bhowanipore Bye-Election
3 years, 3 months ago

PIL Moved In Calcutta HC Challenging ECI's Decision To 'Prioritise' Bhowanipore Bye-Election

Live Law  

A Public Interest Litigation petition has been moved challenging the decision of the Election Commission of India to 'prioritize the bye-elections of Bhowanipore Assembly Constituency' from where, the Chief Minister of West Bengal Mamata Banerjee is set to contest on September 30. The PIL questions the request made by the Chief Secretary of the Government of West Bengal, to the …

Allahabad High Court Directs ECI To Hold Bye-Elections In UP's State Assembly Constituency 'Suar', Rampur Forthwith [Read Order]
4 years, 2 months ago

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

Live Law  

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 …

Allahabad HC Dismisses Ex-BSF Jawan's Petition Challenging Election Of PM Modi From Varanasi [Read Judgment]
5 years, 1 month ago

Allahabad HC Dismisses Ex-BSF Jawan's Petition Challenging Election Of PM Modi From Varanasi [Read Judgment]

Live Law  

Reiterating that an election petition can be filed only by an elector or a duly nominated candidate, the Allahabad High Court dismissed the petition filed by ex-BSF jawan Tej Bahadur Yadav challenging Prime Minister Narendra Modi's election from Varanasi constituency. Yadav was declared the Samajwadi Party candidate from Varanasi in 2019 polls but could not contest the election as his …

Election Commission bans exit polls for October 21 polls, byelections
5 years, 2 months ago

Election Commission bans exit polls for October 21 polls, byelections

Deccan Chronicle  

Chennai: In a significant development, the Election Commission of India has prohibited conduct of any exit poll during the polling hours on Monday, October 21, when polling will take place to 51 Assembly byelections including two in Tamil Nadu — Vikravandi and Nanguneri – two byelections to the Lok Sabha, Samastipur in Bihar and Satara in Maharashtra besides the general …

Petition Seeks Quashing Of Appointment Of Three New Ministers In Maha Govt; Bombay HC Issues Notice To State, Governor, CM, Speaker
5 years, 6 months ago

Petition Seeks Quashing Of Appointment Of Three New Ministers In Maha Govt; Bombay HC Issues Notice To State, Governor, CM, Speaker

Live Law  

The Bombay High Court has issued notice to the State of Maharashtra, the Chief Minister, Governor and the Speaker of Legislative Assembly while hearing a petition seeking quashing of appointment of Balasaheb Vikhe Patil, Jayadatta Kshirsagar and Avinash Mahatekar as ministers. Case Background According to the petitioners, Vikhe Patil was elected as a MLA in Shirdi constituency in Maharashtra State …

Bombay HC Sets Aside ECI's Decision To Conduct By-Election For Katol Assembly Constituency. Why? [Read Judgment]
5 years, 8 months ago

Bombay HC Sets Aside ECI's Decision To Conduct By-Election For Katol Assembly Constituency. Why? [Read Judgment]

Live Law  

In an important judgment, the Bombay High Court has quashed and set aside the decision of the Election Commission of India to fill up a casual vacancy in Katol assembly constituency in Nagpur, Maharashtra, calling it arbitrary, discriminatory, unreasonable and violative of the principle of rule of law. Submissions According to the petitioner, the declaration to hold the election to …

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