The Gujarat High Court has dismissed a public interest litigation (PIL) seeking directions to the Election Commission to notify a by-election for the 87-Visavadar Legislative Assembly Constituency.
The seat fell vacant after the winning candidate resigned on December 13, 2023.
The petitioner argued that the Election Commission was required to declare by-elections within the time limit specified in Section 151A of the Representation of the People Act, 1951, as the remainder of the term was more than one year.
However, the Division Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi observed that an election petition had been filed by the losing candidate against the winning candidate, and the pendency of this petition prevented the by-election from being held.
The court cited the Supreme Court’s ruling in Election Commission of India vs. Telangana Rastra Samithi (2011), which held that the Election Commission cannot hold by-elections in constituencies where election petitions are pending.
The court rejected the petitioner’s argument that the election petition should be decided within six months, as mandated by Section 86 of the Representation of the People Act, 1951.
The court noted that neither the Election Commission nor the state government had control over the proceedings of the election petition.
In conclusion, the court dismissed the PIL, stating that no mandamus could be issued in the given circumstances.
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