In India, the Supreme Court (SC) recently halted an order from the Bombay High Court (BHC) which directed the Election Commission of India (ECI) to conduct by-elections in the Pune constituency of the Lok Sabha, India’s lower house of Parliament. The vacancy was created following the death of Girish Bapat, a sitting Member of Parliament for Pune in early 2022. The current Lok Sabha term is expected to end on June 16, 2024.
Under scrutiny in the case is Section 151A of the Representation of the People Act 1951. Consequently, the SC issued a notice to the Ministry of Law and Justice of the Government of India and imposed a stay on the BHC order, until further examinations are made.
By-elections are conducted in India for Lok Sabha seats to fill vacancies arising from the death or resignation of a Member of Parliament. Both the aforementioned Act and Election Commission guidelines mandate these elections to be carried out within six months of the vacancy. The by-polls, consisting of steps like nomination, scrutiny, voting, and counting, mirror the process of general elections. The Model Code of Conduct is also implemented to ensure fair campaigning. This system helps maintain equal representation in the Parliament between general elections.
Girish Bapat, a leading figure in the ruling Bharatiya Janata Party (BJP), passed away in March 2022 after a lengthy illness. His active role in the BJP was instrumental in solidifying the party’s presence in his district. The late MP was elected to the Lok Sabha in 2019 after successive victories in state Legislative Assembly elections spanning from 1995 to 2014. Despite his health struggles, Bapat was an active participant in the 2019 Lok Sabha election campaign, contributing to his party’s overall success. His passing led to tributes pouring in from different political entities, and the Maharashtra government honored him with a state funeral.
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