Making it clear that the Election Commission of India (EC) can proceed with the process of holding byelections to three Lok Sabha seats in the State as per the schedule, the Karnataka High Court on Friday asked the commission to submit its response to three PIL petitions, which have questioned the legality of holding of byelections to Shivamogga, Ballari, and Mandya constituencies when the term for the to-be-elected member in the ensuing byelections is merely about six months.
A Division Bench, comprising Chief Justice Dinesh Maheshwari and Justice S.G. Pandit, issued the direction while hearing petitions -- filed by A.P. Ranganatha, president of Advocates’ Association, Bengaluru, and president of the Janata Dal (S) State Legal Cell, and Uthaiah A.D, both residents of Bengaluru city, and Ramesh Naik L, a resident of Tumakuru.
“To elect a Member of Parliament by expending huge amounts for a short tenure, six months to say the least, is very absurd,” it has been contended in one of the petitions. It was contended on behalf of some of the petitioners that Section 154A(a) of the Representation of People Act, 1951 has to be interpreted in such a way that byelections should not be held if the term available for the new member is less than one year from the date of election, and not the term left from the date from which the seat became vacant.
Meanwhile, counsel appearing for the EC stated that elections are held as per the provision of the Section 151À of the RP Act,
“It is, however, made clear that we have not passed any interim order in these matters and the respondents may proceed with the election process as scheduled, the Bench said in its order while adjourning further hearing till October 29.
