Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.10244 OF 2010
ELECTION COMMISSION OF INDIA .. APPELLANT
VS.
TELANGANA RASTRA SAMITHI & ANR. .. RESPONDENTS
J U D G M E N T
ALTAMAS KABIR,J.
rd
On 3 December, 2010, when judgment had been
delivered in the Civil Appeal arising out of
SLP(C)No.20590 of 2010, it had been brought to our
notice by Ms. Meenakshi Arora, learned counsel for
the Election Commission of India, that elections to
the 28-Vemulawada and 29-Sircilla Assembly
Constituencies in the State of Andhra Pradash had
th
already been held on 27 July, 2010. In fact, at
the time when notice was issued on the Special Leave
nd
Petition on 22 July, 2010, it had been brought to
2
our notice that the elections to the said two
Constituencies had already been notified and were
th
scheduled to be held on 27 July, 2010.
Accordingly, while issuing notice, we had
confined the same only to the question relating to
the interpretation of Section 151-A of the
Representation of the People Act, 1951, with regard
to the holding of elections in a vacancy within six
months from the date of such vacancy where an
election petition is pending. We had already made
it clear that the pendency of the Special Leave
Petition would not affect the elections, which had
already been notified and were scheduled to be held
th
on 27 July, 2010. The Civil Appeal was, therefore,
heard only on the question of interpretation of
Section 151-A of the aforesaid Act.
It is, therefore, clarified that although, we
had allowed and set aside the order of the High
Court on account of the interpretation of Section
151-A of the 1951 Act, read with Article 190(3)(b)
of the Constitution, the same will not affect the
bye-elections already held in respect of the two
3
th
above-mentioned Assembly Constituencies held on 27
July, 2010.
.....................J.
(ALTAMAS KABIR)
.....................J.
(A.K. PATNAIK)
NEW DELHI,
December 08, 2010.