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
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