Lawstreet Journal

"Election Commission of India is the sole authority competent to organise bye-elections": Madhya Pradesh High Court [READ ORDER]

Lawstreet Journal 5 Oct 2021 7:33pm

Image courtesy: Lawstreet Journal Judiciary "Election Commission of India is the sole authority competent to organise bye-elections": Madhya Pradesh High Court [READ ORDER]

On September 22, 2021, a Madhya Pradesh High Court bench comprised of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla ruled that only the Election Commission of India has the authority to determine when bye-elections to the Khandwa Parliamentary Constituency and the Prathvipur, Jobat, and Rajgarh Assembly Constituencies should be held.

The bench also held that there is no reason to believe that the Commissioner will not decide to hold bye-elections after assessing the situation in Covid-19 on the ground.


The Nagrik Upbhokta Margdarshak Manch filed the writ petition as a Public Interest Litigation, requesting that the Election Commission of India be directed not to hold bye-elections in the Parliamentary Constituency of Khandwa and Assembly Constituencies of Prathvipur, Jobat, and Rajgarh in the state of Madhya Pradesh.

A further request has been made to direct the respondents to hold the bye-elections only after assessing the state's coronavirus situation.


The Election Commission of India responded to the writ petition, stating that the Commission had reviewed the matter and determined that due to the outbreak of the second wave of Covid-19 in the country, it would not be appropriate to hold bye-elections until the pandemic situation significantly improved and conditions became conducive to holding these bye-elections.

It was also stated that the Commission would make a decision on the matter at a later date after receiving input from the concerned states and assessing the pandemic situation from mandated authorities such as NDMA/SDMA.

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Tagged: Madhya Pradesh High Court   Election Commission of India  
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