In a major ruling, the Nagpur Bench of Bombay High Court on Friday cancelled the by-elections to Katol Assembly constituency stating that the notification issued by the Election Commission (EC) was against the bylaws.
After hearing both the parties, a division bench consisting of Justice Sunil Shukre and Justice Pushpa Ganediwala said the EC should plan the election afresh taking concerned laws into consideration.
A writ petition was filed against the by-poll by the chairman of Katol Panchayat Samiti Sandip Sarode. The EC on March 10, 2019 had issued notification afor the Katol Assembly by-poll.
The petitioner had stated that the elected candidate will get less than three months to function and this election is an exercise in futility.
The petitioner sought a direction to the Election Commission to cancel the by-poll slated on April 11.
According to petitioner, the results will be declared on May 23. Monsoon Session of the State Legislature would be held in June 2019 in which new member of the Assembly would be administered oath. In October 2019, Maharashtra Assembly elections are due and its notification could be issued in September. Hence, the new MLA would barely get three months to work. Hence, spending public money to conduct election is not worthful.
