Election Commission of India v. Telangana Rastra Samithi & Anr.

Judgment

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 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. Ramamurthy, Anil Kumar Tandale for the Respondents. The Judgment of the Court was delivered by ALTAMAS KABIR, J.

1On 3rd December, 2010, when 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.

2Accordingly, 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 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.

3It 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 byeelections already held in respect of the two above-mentioned Assembly Constituencies held on 27th July, 2010. K.K.T. Matter disposed of.