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1 - 4 of 4 (0.78 seconds)Article 243E in Constitution of India [Constitution]
Article 243 in Constitution of India [Constitution]
N.K.Mohanan vs The Kerala State Election Commission on 3 February, 2015
4. Mr.Murali Purushothaman, the learned standing
counsel for the Election Commission invited my
attention to a decision of this Court in Mohanan v
Kerala State Election Commission, TVM (2015(2)
KHC 829) wherein the notification issued by the
Election Commission for by-elections while little more
than six months left for general elections was
challenged. The learned Single Judge who disposed of
the writ petition held that the statutory prescription of
upper time limit of six months to have by-elections
before general elections are to be given due weightage
and though it may sound illogical in notifying the
elections when little more than six months only are left
for general elections, the commission was fully
justified in issuing notification for election as there was
a clear period of six months for general election.
Therefore, if there is time gap of six months between
WPC No.14335/2015 4
the date of arising of casual vacancy and expiry of the
date of the panchayat committee, the election can be
held to fill the casual vacancy of the panchayat
member. Therefore, this Court is of the view that
there is little scope for interference in the impugned
notification.
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