A
B
[2010] 14 (ADDL.) S.C.R. 496
ELECTION COMMISSION OF INDIA
v.
TELANGANA RASTRA SAMITHI & ANR.
(Civil Appeal No. 10244 of 2010)
DECEMBER 8, 2010
[ALTAMAS KABIR AND A.K. PATNAIK, JJ.]
Election Laws- State Legislative Assembly - Resignation
of members - Election Commission withholding bye-election
C in two constituencies due to pendency of election petition -
Decision of Election Commission challenged - Supreme
Court holding that Election Commission rightly withheld the
election to those constituencies- On the day of the judgment,
the Court was apprised that election in the two constituencies
D already held - Clarified that the appeal was confined to
interpretation of s. 151A of Representation of the People Act
rlw Article 190(3 }(b) of the Constitution - The decision therein
would not affect the bye-elections already held-
Representation of the People Act, 1951 -
s.151A -
E Constitution of India, 1950 - Article 190(3}(b).
The decision of Election Commission withholding
the bye-election in two constituencies of State Legislative
Assembly, due to pendency of election petition, was
F upheld by Supreme Court. On the day of the judgment, it
was brought to the notice of the Court that the bye-
elections in those constituencies had already been held.
G
H
Clarifying the decision, the Court
HELD: It is clarified that although, the Court allowed
and set aside the order of the High Court on account of
the interpretation of Section 151-A of the Representation
of the People Act, 1951 r/w Article 190(3)(b) of the
Constitution of India, the same will not affect the bye-
496
ELECTION COMMISSION OF INDIA v. TELEANGANA 497
RASTRA SAMITHI & ANR.
elections already held in respect of the two Assembly
A
Constituencies held on 27th July, 2010. [Para 3) [498-B-
C)
Election Commission of India vs. Telangana Rastra
Samithi and Anr. Judgment dated 3.10.2010 - clarified.
8
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
10244 of 2010.
From the Judgment & Order dated 30.6.2010 of the High
Court of Judicature, Andhra Pradesh at Hyderabad in Writ
C
Petition No. 14443 of 2010.
Meenakshi Arora, Poli Katakai for the Appellant ·
Indira Jaising, ASG, D. Ramakrishna Reddy, Sonam
Anand, J. Ramachander Rao, P. Venkat Reddy, 8.
D
Ramamurthy, Anil Kumar Tandale for the Respondents.
The Judgment of the Court was delivered by
ALTAMAS KABIR, J. 1. On 3rd December, 2010, when
E
judgment had been delivered in the Civil Appeal arising out of
SLP(C)No.20590 of 2010, it had been brought to our notice by
Ms. Meenakshi Arora, learned counsel for the Election
Commission of India, that elections to the 28-Vemulawada and
29-Sircilla Assembly Constituencies in the State of Andhra
Pradash had already been held on 27th July, 2010. In fact, at
the time when notice was issued on the Special Leave Petition
on 22nd July, 2010, it had been brought to our notice that the
elections to the said two Constituencies had already been
notified and were scheduled to be held on 27th July, 2010.
F
G
2. Accordingly, while issuing notice, we had confined the
same only to the question relating to the interpretation of
Section 151-A of the Representation of the People Act, 1951,
with regard to the holding of elections in a vacancy within six
months from the date of such vacancy where an election petition
H
498
SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
A is pending. We had already made it clear that the pendency of
the Special Leave Petition would not affect the elections, which
had already been notified and were scheduled to be held on
27th July, 2010. The Civil Appeal was, therefore, heard only on
the question of interpretation of Section 151-A of the aforesaid
B Act.
3. It is, therefore, clarified that although, we had allowed
and set aside the order of the High Court on account of the
interpretation of Section 151-A of the 1951 Act, read with Article
C 190(3)(b) of the Constitution, the same will not affect the bye-
elections already held in respect of the two above-mentioned
Assembly Constituencies held on 27th July, 2010.
K.K.T.
Matter disposed of.
Lex