New Delhi | The Supreme Court on Tuesday said it would hear arguments on September 22 on the issue of interpretation of Section 151A of the Representation of the People Act, 1951, that deals with the time limit for filling vacancies in both Houses of Parliament and state legislatures.
The provision mandates the Election Commission to fill the vacancies through by-elections within six months from the date of the occurrence of the vacancy, provided that the remainder of the term of a member in relation to a vacancy is one year or more.
A bench of Justices Vikram Nath and Sandeep Mehta was hearing two petitions, including one filed by the Election Commission against a December 2023 order of the Bombay High Court.
The high court had directed the Election Commission to immediately hold the bypoll for the Pune Lok Sabha constituency consequent upon the seat having fallen vacant due to the death of the then MP in March 2023.
During the hearing in the apex court on Tuesday, the counsel appearing for the parties said Section 151A of the Act needed interpretation.
One of the lawyers argued that the concern was how the poll panel was interpreting Section 151A differently for different bye-elections.
"There seems to be picking and choosing by the Election Commission," the lawyer argued.
The bench said, "This matter requires interpretation of Section 151A of the Representation of the People Act".
The top court posted the matter for arguments on September 22.
In January 2024, the apex court had stayed the high court order asking the poll panel to immediately hold the bypoll for the Pune Lok Sabha seat.
The top court had then observed that it would lay down guidelines on holding of elections on account of vacancy.
It had said the guidelines may be needed keeping in mind section 151A of the Act.
In December 2023, the Bombay High Court had asked the Election Commission to immediately hold the bypoll for the Pune Lok Sabha seat, stressing that people from the constituency cannot be left unrepresented for a long time.
"In any parliamentary democracy, governance is done by elected representatives who are the voices of people. If the representative is no more, another must be put in place. People cannot go unrepresented. That is wholly unconstitutional and is a fundamental anathema to our constitutional structure," the high court had said.