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New Delhi : The Election Commission of India (ECI) on October 9, 2018, said that the Section 151A of the Representation of the People Act, 1951, mandates the Election Commission to fill the casual vacancies in the Houses of Parliament and State Legislatures through bye elections within six months from the date of occurrence of the vacancy, provided that the remainder of the term of a member in relation to a vacancy is one year or more.
It is understood that some newspapers have reported that the Commission on the one hand announced the bye elections to fill the three casual vacancies in Lok Sabha from Karnataka while the bye elections to fill five vacancies in Lok Sabha from Andhra Pradesh have not been announced, the ECI said.
In this connection, it is to be noted that vacancies from 9-Bellary(ST), 14-Shimoga and 20-Mandya Parliamentary Constituencies of Karnataka have occurred on May 18, May 18 and May 21, 2018 respectively, whereas vacancies from the five parliamentary constituencies from Andhra Pradesh have occurred on June 20, 2018,the ECI clarified.
The term of sixteenth Lok Sabha is up to June 3, 2019. As the vacancies from Karnataka have occurred more than one year before the expiration of the term of House, bye elections are required to be held under Section 151A of R P Act 1951 to fill these vacancies within six months from the date of occurrence of vacancies that is May 18 & 21, 2018. In the case of vacancies from Andhra Pradesh, there is no need to hold bye elections as the remaining term of the Lok Sabha is less than one year from the date of occurrence of vacancies that is June 20, 2018, the ECI said.
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