BENGALURU: The Karnataka High Court on Monday upheld the decision of the Election Commission of India to hold bypolls to three parliamentary constituencies of Karnataka. A division bench of Chief Justice Dinesh Maheshwari and Justice S Sujatha upheld the ECI’s decision by dismissing the public interest litigations filed by advocate AP Ranganatha and another person questioning the bypolls.
Ranganatha contended that declaring byelections to Shivamogga, Ballari and Mandya is violative of Section 151-A of the Representation of Peoples Act. He also contended that the very object of introducing Section 151-A of the Representation of the People Act is to ensure that for shorter terms, more particularly when it is less than one year, the elections ought not to have been held stands defeated if the notification is given effect to. The necessary effect will be on the state exchequer to a tune of `24 crore.
In counter, the ECI contended that seat of elected members of Ballari and Shivamogga constituencies had become vacant on May 18, 2018 and Mandya on May 21, 2018 because of resignation of the members. To discharge its statutory duties imposed by the constitution and the Representation of People Act and as the remainder of the term of the members of those constituencies is more than a year, bypolls have been announced, it said.