Bombay HC Quashes Ponda Bye-Election, Clarifies One-Year Rule Under Section 151A Representation of Peoples Act

The Bombay High Court quashed the Election Commission’s notification for conducting a bye-election in Goa’s Ponda constituency, holding it contrary to Section 151A of the Representation of the People Act, 1951.

The Court clarified that the “remainder of the term” must be calculated from the date of declaration of results, not from the date of vacancy.

Since the newly elected candidate would have served less than one year before the Assembly term ended, the statutory bar applied.

Consequently, the Court held that the bye-election could not be conducted and set aside the notification issued by the Election Commission.

[Pritam Harmalkar v. Election Commission of India & Ors.]