Bye-Elections Can Be Held Even If Member’s Remainder Term Is Less Than A Year: Gauhati HC [Read Judgment]
There is no bar on the Election Commission of India to fill up the casual vacancy even if the remainder of the term of a member in relation to a vacancy is less than one year, the Gauhati High Court has observed.A division bench comprising Chief Justice Ajit Singh and Justice Manojit Bhuyan was considering an appeal against a single bench dismissal of writ petition, wherein a press note of. There is no bar on the Election Commission of India to fill up the casual vacancy even if the remainder of the term of a member in relation to a vacancy is less than one year, the Gauhati High Court has observed. A division bench comprising Chief Justice Ajit Singh and Justice Manojit Bhuyan was considering an appeal against a single bench dismissal of writ petition, wherein a press note of the Election Commission of India notifying bye-election was challenged on the ground that since remainder of the term of a member in relation to a vacancy is less than one year, bye-election to fill up the vacancy is uncalled for. The proviso does not say that no bye-election shall be held to fill up a vacancy if the remainder of the term of a member in relation to a vacancy was less than one year.
No Court Can Extend Statutory Period To Prefer Election Petition: SC [Read Judgment]
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