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HC sets aside EC decision on bypoll in Katol Assembly seat

Press Trust of India  |  Nagpur 

The Friday quashed and set aside ECI's decision to hold bypoll for the Assembly seat, terming it "arbitrary, discriminatory and unreasonable".

The bypoll was necessitated as MLA had resigned from the Legislative Assembly on October 3, 2018.

A division bench of Justices S B Shukre and was hearing a petition filed by Sandeep Sarode, of the Panchayat Samiti through his

The petition said Section 151A of the Representation of the People Act 1951 mandates the (ECI) to fill casual vacancies in the Houses of Parliament and State Legislatures through bypolls within six months from the date of occurrence of the vacancy, provided the remainder of the term of a member in relation to a vacancy is one year or more.

However, the petition stated that the six-month period since Deshmukh's resignation ends on April 3, 2019 and the bypoll is being held after that.

Moreover, the petition contended that the MLA elected through the bypoll would have a term of just a few months since is scheduled to have assembly elections later in the year.

The petition claimed that holding the bypoll would entail loss of public money under "unnecessary and unwanted" circumstances.

"We find that the impugned decision taken in the present case by the ECI is violative of principle of rule of law on the additional ground of non application of mind," the court said.

"The discussion made thus far would impel us to say that the impugned decision of the ECI is arbitrary, discriminatory and unreasonable, which together agitate against the principle of rule of law," it said.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Fri, April 12 2019. 21:25 IST
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