No bypoll in Akola West assembly seat, says HC; sets aside EC notification

The Bombay High Court's Nagpur bench on Tuesday set aside the Election Commission (EC) notification issued for holding bypoll in the Akola West assembly constituency in Maharashtra on April 26.

A division bench of Justices Anil Killor and MS Jawalkar declared that there shall be no by-election in the assembly segment, which fell vacant after its sitting MLA died late last year, as the new member will get less than one year to represent the constituency.

The HC delivered the judgement on a petition filed by Akola resident Anil Dubey, praying to set aside the EC notification issued in mid-March for conducting bypoll in the constituency.

The petitioner argued that the remaining tenure of the new MLA will be less than one year. Assembly polls in Maharashtra are due in October.

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

The same interpretation was considered by the Bombay High Court in the Saoner constituency case in 2019, it noted.

The bench said in the order that the ''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 assembly seat fell vacant after its sitting MLA Govardhan Sharma of the BJP died on November 3, 2023.

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