Case Note & Summary
The High Court of Bombay at Goa heard two writ petitions and a miscellaneous civil application challenging the Election Commission of India's Notification dated 16.03.2026 for conducting bye-elections to the 21-Ponda Constituency of the Goa Legislative Assembly. The undisputed facts were that elections were held on 14.02.2022, with late Ravi Naik winning the constituency and taking oath on 15.03.2022, commencing a five-year term ending on 14.03.2027. Ravi Naik passed away on 15.10.2025, rendering the seat vacant. The Election Commission issued the impugned Notification on 15.03.2026, with polling scheduled for 09.04.2026. The petitioners contended that the Notification violated Clause (a) of proviso to Section 151-A of the Representation of the People Act, 1951, as the remainder of the term for any newly elected member would be less than one year from the date of election result, given the Assembly's term ends on 14.03.2027. The Election Commission did not file an affidavit but submitted written and oral arguments, while the State of Goa appeared but expressed reservations. The petitioners argued that Section 151-A mandates bye-elections within six months of a vacancy, with Clause (a) of proviso independently prohibiting elections if the remainder of the term is less than one year from the date of election result. They relied on precedents including Sandeep Yashwantrao Sarode v/s Election Commission of New Delhi and ors and Anil Shivkumar Dubey v/s Election Commission of India and 2 Ors, where similar notifications were quashed, and emphasized binding precedent and judicial discipline. The court analyzed the statutory provisions, noting the non-obstante clause in Section 151-A and the mandatory nature of the proviso. It considered the petitioners' calculation that the newly elected member would have a tenure of about 10 months, which is less than one year. The court referenced the earlier judgments, which the Election Commission had accepted without challenge, making them binding. The court held that the impugned Notification was contrary to Clause (a) of proviso to Section 151-A, as the remainder of the term was less than one year, and quashed the Notification, thereby prohibiting the bye-election.
Headnote
A) Election Law - Bye-Elections - Mandatory Prohibition Under Section 151-A - Representation of the People Act, 1951, Section 151-A - Petitions challenged Election Commission's Notification for bye-election to 21-Ponda Constituency, Goa Legislative Assembly - Court examined whether remainder of term for newly elected member would be less than one year from date of election result, violating Clause (a) of proviso to Section 151-A - Held that bye-election cannot be held as remainder of term is less than one year, quashing the impugned Notification (Paras 3-5, 7-9) B) Statutory Interpretation - Non-Obstante Clause and Proviso - Section 151-A Representation of the People Act, 1951 - Main provision mandates bye-election within six months of vacancy, with exceptions under proviso - Court analyzed Clause (a) of proviso which independently prohibits bye-election if remainder of term is less than one year from date of election result - Held that this provision is mandatory and must be strictly construed (Paras 5, 8) C) Precedent and Judicial Discipline - Binding Nature of Earlier Judgments - Coordinate Bench Decisions - Petitioners relied on Sandeep Yashwantrao Sarode v/s Election Commission of New Delhi and ors and Anil Shivkumar Dubey v/s Election Commission of India and 2 Ors - Court considered that Election Commission accepted these decisions without challenge, making them binding precedent - Held that judicial discipline requires following earlier Bench decisions unless found per incuriam (Paras 8-9)
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Issue of Consideration: Whether the impugned Notification for bye-election to the 21-Ponda Constituency is contrary to Clause (a) of proviso to Section 151-A of the Representation of the People Act, 1951, as the remainder of the term for the newly elected member would be less than one year
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Final Decision
Court quashed the impugned Notification dated 16.03.2026 for bye-election to 21-Ponda Constituency, holding it contrary to Clause (a) of proviso to Section 151-A of Representation of the People Act, 1951 as remainder of term for newly elected member would be less than one year
