Bombay HC sets aside EC notification for bypoll in Akola West Assembly constituency

The Nagpur bench of the Bombay High Court overturned the Election Commission’s notification for conducting a bypoll in the Akola West Assembly constituency in Maharashtra on April 26.

The Nagpur bench of the Bombay High Court on March 26 overturned the Election Commission’s notification for conducting a bypoll in the Akola West Assembly constituency in Maharashtra on April 26.

A division bench of Justices Anil Killor and MS Jawalkar ruled that there would be no by-election in the Assembly segment, which became vacant following the passing of its sitting MLA Govardahan Sharma in November last year, as the new member would have less than one year to represent the constituency. The State is scheduled to go for Assembly elections in September-October.

The verdict was delivered following a petition filed by Akola resident Anil Dubey, praying to set aside the EC notification issued earlier this month for conducting bypoll. Mr. Dubey argued that the remaining tenure of the newly elected legislator will be less than one year.

The court observed that the new incoming member would get a period of less than one year and therefore it would be a violation of section 151 (A) of the Representation of the People Act.

“EC notification dated March 16 to the extent of Akola West constituency has been set aside and it is declared that there shall be no by-election in the segment,” the bench said in its order. The same interpretation was considered by the Bombay High Court in the Saoner constituency case in 2019, it noted.