Supreme Court Dismisses Petition, Upholds Akola West By-Election Suspension

The Supreme Court has dismissed a petition challenging the Bombay High Court’s decision to halt the by-election for the Akola West Assembly seat in Maharashtra. During the court proceedings, the petitioner was asked to demonstrate how they were personally affected by the case.

Previously, the Bombay High Court ruled against holding a by-election, citing that the elected candidate would serve for less than a year, as the upcoming Maharashtra Assembly elections are slated for later in the year. Subsequently, the Election Commission followed suit by suspending the by-election. However, the Supreme Court deemed this action a violation of Section 151(A) of the Representation of the People Act.

The vacancy in the Akola West seat arose following the passing of BJP leader Govardhan Sharma on November 3, 2023. As per the court’s order, since the elected member would serve for less than a year, no by-election would be conducted. This decision aligns with the reasoning presented during the Bombay High Court hearings, where the petitioner argued that conducting a by-election, considering the imminent Assembly polls, would be an unnecessary expenditure of public funds. Additionally, it was highlighted that the elected MLA would only have a brief tenure of four months post the June 4 election results announcement.

The context of the impending Maharashtra Assembly elections, potentially scheduled for October, further underscored the rationale behind abstaining from holding a by-election. With the looming prospect of a larger electoral event, the High Court’s decision was perceived as a pragmatic approach to governance and resource management.

The Supreme Court’s validation of the Bombay High Court’s stance reinforces the legal framework dictating electoral processes, ensuring adherence to legislative guidelines. By rejecting the petition, the court has upheld the principle of judicious decision-making in matters pertaining to electoral procedures and the effective utilization of public resources.

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