ELECTION COMMISSION OF INDIA versus TELEANGANA RASTRA SAMITHI & ANR.

Citation: [2010] 14 S.C.R. 468 · Decided: 03-12-2010 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2010] 14 (ADDL.) S.C.R. 468 
ELECTION COMMISSION OF INDIA 
v. 
TELEANGANA RASTRA SAMITHI & ANR. 
(Civil Appeal No. 10244 of 2010) 
DECEMBER 03, 2010 
[ALTAMAS KABIR AND A.K. PATNAIK, JJ.] 
Representation of the People Act, 1951 - ss. 151A, 84, 
98, 101 and 150 - State Legislative Assembly- Resignation 
C by members - Vacancies notified in official gazette - Election 
Commission with-holding bye-elections to two constituencies 
due to pendency of election petitions - Challenged to -
Direction by High Court to hold bye-elections in two casual 
vacancies in State Legislative Assembly - Held: Not 
D sustainable -
Vacancy in order to be filled up in a bye-
election, must be available for being filled up - Article 190 
provides that seat of the member becomes vacant on 
acceptance of his resignation by Speaker and would result in 
creation of casual vacancy- It does not introduce any element 
E of compulsion on Election Commission to hold a bye-election 
ignoring the provisions of s. 84 - Proceeding uls. 84 has to 
run its full course, particularly for the purposes of s. BA -
Provisions of ss. 150 and 151 would be attracted which does 
not prescribing time limit for filling up such vacancy -
F Introduction of s. 151A prescribing time limit for filling up 
vacancy, did not alter the position of s. 84 and ss. 98(c) and 
101 (b), since although casual vacancy in which election 
petitions were pending, may have occurred within the 
meaning of s. 150, cannot be held to have become available 
G for the purposes of being filled up within the time prescribed 
uls. 151A - Constitution of India, 1950 - Articles 354 and 
190(3)(b) - Election Laws - Interpretation of statutes. 
s. 151A - Interpretation of- Explained. 
H 
468 
ELECTION COMMISSION OF INDIA v. TELEANGANA 469 
RASTRA SAMITHI & ANR. 
ss. 150, 84 and 151A - Ratio in *D. Sanjeevayya's case 
A 
that when vacancy is caused by resignation of a member of 
the House where election petition is pending, Election 
Commission not bound u/s. 150 to hold bye-election 
immediately after a vacancy arises but entitled to suspend 
taking action u/s. 150 till decision in election petition uls. 84 
B 
was known - Subsequent insertion of s. 151A - Effect of s. 
151A on D. Sanjeevayya's case - Explained. 
Twelve members of the A. P. State Legislative 
Assembly resigned from their membership to claim a 
separate statehood. The vacancies were notified in the 
C 
official gazette. The appellant-Election Commission 
issued notification to hold bye-elections to fill up 10 clear 
vacancies. However, it did not issue notifications to hold 
bye-elections to two constituencies due to pendency of 
the election petitions. The respondent-Committee filed a 
D 
writ petition challenging the order of the Election 
Commission not to hold bye-elections in the two 
constituencies. The High Court directed the appellant to 
hold bye-elections in the two casual vacancies in the 
State Legislative Assembly. Therefore, the appellant filed 
E 
the instant appeal. 
Allowing the appeal, the Court 
HELD: 1.1. The key words in Article 190 of the 
Constitution of India, 1950 relating to disqualification of 
F 
members of both the Houses of the Legislature of a State 
and deals with vacation of seats, are that if a Member 
resigns a seat and such resignation is accepted by the 
Speaker or the Chairman, his seat shall thereupon 
become vacant. In such event, it would result in the 
G 
creation of a casual vacancy within the meaning of Part 
IX relating to bye-elections which contains Section 147 
and Sections 149 to 151 A of the Representation of the 
People Act, 1951. If such casual vacancy occurs in the 
H 
470 
SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R. 
A State Legislative Assemblies or the State Legislative 
Councils, the provisions of Sections 150 and 151 are 
attracted, which do not, however, prescribe any time limit 
for such vacancy to be filled up by the Election 
Commission. The provisions of Section 150 are relevant 
s to the facts of the instant case since the case is with 
regard to the A.P. State Legislative Assembly. The 
provision of Section 150 gives rise to the apparent 
conflict regarding the duty of the Election Commission 
to fill up such vacancies in view of the provisions. of 
c Section 84. According to the provisions of Section 84, in 
addition to claiming a declaration that the election of all 
or any of the returned candidates is void, an election 
petitioner can claim a further declara

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