REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.10244 OF 2010   

ELECTION COMMISSION OF INDIA .. APPELLANT

VS.

TELANGANA RASTRA SAMITHI & ANR. .. RESPONDENTS

J U D G M E N T

ALTAMAS KABIR,J.

On 3rd December, 2010, when judgment had been  

delivered  in  the  Civil  Appeal  arising  out  of  

SLP(C)No.20590 of 2010, it had been brought to our  

notice by Ms. Meenakshi Arora, learned counsel for  

the Election Commission of India, that elections to  

the  28-Vemulawada  and  29-Sircilla  Assembly  

Constituencies in the State of Andhra Pradash had  

already been held on 27th July, 2010.  In fact, at  

the time when notice was issued on the Special Leave  

Petition on 22nd July, 2010, it had been brought to

our  notice  that  the  elections  to  the  said  two  

Constituencies  had  already  been  notified  and  were  

scheduled to be held on 27th July, 2010.

Accordingly,  while  issuing  notice,  we  had  

confined the same only to the question relating to  

the  interpretation  of  Section  151-A  of  the  

Representation of the People Act, 1951, with regard  

to the holding of elections in a vacancy within six  

months  from  the  date  of  such  vacancy  where  an  

election petition is pending.  We had already made  

it  clear  that  the  pendency  of  the  Special  Leave  

Petition would not affect the elections, which had  

already been notified and were scheduled to be held  

on 27th July, 2010.  The Civil Appeal was, therefore,  

heard  only  on  the  question  of  interpretation  of  

Section 151-A of the aforesaid Act.   

It is, therefore, clarified that although, we  

had  allowed  and  set  aside  the  order  of  the  High  

Court on account of the interpretation of Section  

151-A of the 1951 Act, read with Article 190(3)(b)  

of the Constitution, the same will not affect the  

bye-elections  already  held  in  respect  of  the  two  

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above-mentioned Assembly Constituencies held on 27th  

July, 2010.   

.....................J. (ALTAMAS KABIR)  

.....................J. (A.K. PATNAIK)

NEW DELHI,

December 08,   2010.  

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