Supreme Court · 2010 INSC 848 · Decided 3 December 2010

Election Commission of India v. Teleangana Rastra Samithi & ANR.

Court
Supreme Court of India
Citation
2010 INSC 848 · [2010] 14 S.C.R. 468
Case number
CIVIL APPEAL No. 10244/2010
Decided
3 December 2010
Bench
ALTAMAS KABIR, A.K. PATNAIK (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 354, 190(3)(b), 190; Representation of the People Act Section 151A, 84, 98, 101, 150

Headnote

Representation of the People Act, 1951 - ss. 151A, 84, 98, 101 and 150 - State Legislative Assembly- Resignation C by members - Vacancies notified in official gazette - Election Commission with-holding bye-elections to two constituencies due to pendency of election petitions - by High Court to hold bye-elections in two casual vacancies in State Legislative Assembly - Held: Not D sustainable - Vacancy in order to be filled up in a bye­ election, must be available for being filled up - Article 190 provides that seat of the member becomes vacant on acceptance of

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)