SC uphold validity of by-poll results of Sircilla, Vemulawada

Telangana Rashtra Samithi Mlas from Sircilla and Vemulawada on Wednesday heaved a sigh of relief after the Supreme Court ruled that they can continue as Legislators since the by-elections had been already conducted for the two constituencies.

The Apex Court, while delivering a verdict on election petition, stated that that Section 151-A of People’s Representation Act was not applicable when an election petition was pending before a Court of Law.

The Court made it clear the Act does not apply to the stipulation that by-elections should be held within six months after the seats fall vacant, while an election petition was pending in court.

The Supreme Court had earlier censured the Election Commission for holding by-elections in spite of cases pending in Court.

However, the Court stated that those declared elected --KT Rama Rao (Sircilla) and Chennamaneni Ramesh (Vemulawada) would continue as MLAs as the Commission appeared before the Court after conducting by-elections.

The Supreme Court also directed the Election Commission not to hold elections in the constituencies when election petitions were pending in the court.

Earlier, the Court had sought an explanation from the State Election Commissioner for conducting elections in Sircilla and Vemulawada even as a petition challenging election of the winning candidate was pending in a Court.

It may be recalled that a petition was filed in the High Court challenging the validity of the Election Notification when the Election Commission issued notification for conduct of by-elections in 10 constituencies excluding Sircilla and Vemulawada.

With the High Court gave a green signal to EC to hold elections in the two remaining constituencies, by-elections were held in Sircilla and Vemulawada, along with the 10 other constituencies.

The Supreme Court faulted the High Court ruling on the by-elections to Sircilla and Vemulawada Assembly constituencies and questioned the validity of holding elections when a petition was pending in the court.