Section 151A of the Representation of the People Act 1951
02, Oct 2018
Prelims level : Representation of People Act, 1951 Mains level : Process of Bye-Elections in India
Why in News?
- It is understood that some newspapers have reported that the ECI 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 has not been announced by ECI.
Logic behind ECs move:
- 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. 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.
Section 151A of R.P. Act, 1951:
- Section 151A of the RP Act mandates the EC to fill the casual vacancies in the Houses of Parliament and State Legislatures.
- A bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy:
- Provided that nothing contained in this section shall apply if
- The remainder of the term of a member in relation to a vacancy is less than one year; or
- The Election Commission in consultation with the Central Government certifies that it is difficult to hold the bye-election within the said period.