The Supreme Court on Monday stayed the Bombay High Court order asking the Election Commission to immediately hold the bypoll for the Pune Lok Sabha seat, which is vacant since March 29, 2023 after the death of MP Girish Bapat.
A bench comprising Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra took note of the submission of the poll panel that the tenure of the present Lok Sabha is ending on June 16 this year and the bypoll will be a futile exercise at this point in time.
The top court, however, questioned the delay on part of the poll panel in holding the bypoll for the seat.
The legalities of the by-poll
The tenure of Lok Sabha is scheduled to end on 16 June 2024 and Bapat died on March 29. It meant that the remainder of the term of the seat which fell vacant due to Bapat's death was more than a year. As the vacancy from Pune had occurred more than one year before the expiration of the term of the House, bye election was required to be held under Section 151A of R. P. Act 1951 to fill this vacancy within six months from the date of occurrence of vacancy that is March 29.
Girish Bapat
Bharatiya Janata Party MP Girish Bapat passed away on March 29 in Pune. He was admitted to the Intensive Care Unit of Dinanath Mangeshkar Hospital and had been under treatment for quite a few days before his death. Girish Bapar, born on September 3, 1950, was a Member of Parliament in Lok Sabha. He was elected from Pune in 2019 General Assembly Polls as BJP leader. Bapat has served as Minister for Food, Civil Supplied and Consumer Protection, Food and Drugs Administration and Parliamentary Affairs in Maharashtra government.
Bapat was a elected from Kasba Peth Constituency to the Vidhan Sabha in five consecutive polls from 1995.
