Supreme Court Halts Pune Lok Sabha By-Election Order, Questions Poll Panel’s Delay

In a significant development, the Supreme Court (SC) has stayed the Bombay High Court’s order that directed the election commission to conduct a by-election for the vacant Pune Lok Sabha seat following the demise of MP Girish Bapat on March 29, 2023. The SC bench, comprising Justices JB Pardiwala, Manoj Misra, and Chief Justice DY Chandrachud, questioned the election commission’s delay in holding the by-poll while acknowledging the poll panel’s argument that conducting the by-election would be pointless given the imminent expiration of the current Lok Sabha’s term on June 16, 2024.

Girish Bapat, a member of the Bharatiya Janata Party (BJP), passed away after receiving treatment in the Dinanath Mangeshkar Hospital’s Intensive Care Unit. The Lok Sabha seat has remained vacant since his death, triggering the need for a by-election under Section 151A of the RP Act 1951, which mandates filling the position within six months of the vacancy’s occurrence.

The SC noted that there was more than a year left on the Pune Lok Sabha seat’s term when it became vacant, and the Lower House’s term was set to end on June 16, 2024. The bench questioned the election commission’s delay in initiating the by-poll process, emphasizing the mandatory requirement under electoral laws.

Girish Bapat, born on September 3, 1950, served as a Member of Parliament and played key roles in the Maharashtra government, holding positions such as Minister for Food, Civil Supplies and Consumer Protection, Food and Drugs Administration, and Parliamentary Affairs.

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