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"16. In the case at hand, no election petition was
pending. The elected candidate tendered his
resignation on 08.12.2017 and the same was
accepted by the Speaker of Lok Sabha on
14.12.2017. The command of Section 151A is to
hold the election within a period of six months from
the date of occurrence of the vacancy. As the factual
score depicts, the vacancy occurred when the
resignation was accepted by the Speaker of Lok
Sabha on 14.12.2017. It is beyond any dispute that
the next General Election to Lok Sabha is in June,
2019. Therefore, the remainder of the term is not
less than one year. Whether the election is to be
held or not would be governed by clause (b) to the
proviso to Section 151A and we are not concerned
with the same. The ground raised that the code of
conduct would come into play before the elections
are held in June, 2019 is absolutely sans substance
as the Act does not contemplate so. It is the period
alone that should be the governing factor subject to
and connected matters