In a significant development, the Supreme Court of India has put a hold on the Bombay High Court’s order that directed the Election Commission of India (ECI) to conduct a by-election for the Pune Lok Sabha seat. This seat has been vacant since the passing of Bharatiya Janata Party (BJP) MP Girish Bapat on March 29, 2023. The apex court’s decision came as a response to a Special Leave Petition filed by the ECI against the High Court’s directive issued on December 13, 2023.
The bench, led by Chief Justice of India D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra, stayed the High Court’s order while issuing a notice to Pune resident Sughosh Joshi, the petitioner in the High Court. The Supreme Court noted that it would examine the scope of Section 151A of the Representation of the People Act 1951, which is pivotal in this case. This provision stipulates that the ECI is not required to hold a by-election if the remainder of the term in relation to the vacancy is less than one year. The bench plans to reconvene on this matter in March or April to establish a clear legal interpretation.
The High Court, in its judgment, had highlighted the importance of representation in a parliamentary democracy, stating,
“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.”
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The High Court had rejected the ECI’s argument that it was preoccupied with other polls, including preparations for the 2024 Lok Sabha elections, calling this reasoning “bizarre and wholly unreasonable.”
The High Court had also noted that the Lok Sabha Secretary’s notification confirmed the vacancy since March 29, 2023, and the current Lok Sabha term will end on June 16, 2024. It emphasized that constituencies cannot remain unrepresented beyond a defined period. The High Court found the ECI’s stance inconsistent, as it had conducted by-elections for several Legislative Assembly and Lok Sabha constituencies since the Pune seat became vacant.
This stay by the Supreme Court brings into focus the interpretation of electoral laws and the balance between administrative feasibility and the democratic imperative of representation. The upcoming hearing in March or April is expected to provide clarity on the legal obligations of the ECI in situations where the remainder of a parliamentary term is less than a year, a decision that could have significant implications for future electoral processes in India.
