No date for bypolls in Wayanad, Chief Election Commissioner says, ‘no hurry… trial court has given time for remedy’

While pronouncing Gandhi guilty under Indian Penal Code Sections 499 and 500, the court of Chief Judicial Magistrate HH Varma had granted the Congress leader bail and suspended the sentence for 30 days to allow him to appeal in a higher court. Subsequently, Gandhi was disqualified from the Lok Sabha.

Section 151A of the Representation of the People Act, 1951, states that “bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy.”

Kumar added that the law also states that if the remainder of the term was less than one year, then the election will not be held. However, for Wayanad, the term is over an year, he said.

The Election Commission announced May 10 as the date of polling for Karnataka Assembly elections, and bypolls in Parliamentary constituency of Jalandhar (Punjab) and Assembly constituencies of Jharsuguda (Odisha), Chhanbey (Uttar Pradesh), Suar (UP), and Sohiong (Meghalaya). The counting of votes will take place on May 13.

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