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Pehowa bypoll to be held with assembly elections Govt Delayed Byelection Deliberately, Says INLD

March 14, 2019 06:56 AM


Pehowa bypoll to be held with assembly elections
Govt Delayed Byelection Deliberately, Says INLD


The schedule of parliamentary elections in Haryana in the sixth phase on May 12 has led to the cancellation of the byelection of the Pehowa assembly seat that had fallen vacant in January on account of the death of INLD MLA Jaswinder Sandhu. Now, the election will be held in September or October with the assembly polls of the state.

Sources confirmed that the Election Commission of India (ECI) had decided not to conduct the byelection because the tenure of membership would be left for less than six months if the bypolls were conducted with the parliamentary polls on May 12.

The law governing the conduct of byelections is Section 151(A) of the Representation of the People Act 1951, which lays down the time limit for filling vacancies and states that a byelection for filling any vacancy shall be held within six months from the date of occurrence of the vacancy. The law, however, stipulates that the provisions of this section shall not apply where the remainder of the term of amember in relation to a vacancy is less than a year or the ECI in consultation with the central government certifies that it is difficult to hold the byelection within the said period.

However, the ECI has the mandate to hold the election if the tenure of assembly is more than six months. In the present case Jaswinder Sandhu had died on January 19 and the ECI had to conduct the elections before July 18, 2019. The tenure of the present assembly will come to an end in October.

As the parliamentary elections in Haryana are scheduled for May 12, the tenure of Haryana assembly is left for around five months, thus the ECI has not issued a notification regarding the Pehowa bypoll.

While the opposition parties have accused the state for deliberately not recommending the Pehowa byelection for political reasons, the ruling party has defended it citing EC norms.

INLD general secretary R S Chaudhary said that as the government had deliberately delayed the bypoll because it knew that their party had no presence in Pehowa and might face defeat. Rajiv Jain, media adviser to Haryana CM, said that it was the job of EC to take a decision in this regard but they were ready for the bypoll.


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