1. Heard.
2. Relying upon provisions of Section 151-A of the Representation of the People Act, 1951, learned Counsel for petitioner contends that if elections are commenced today and take place in the month of May, 2018, the effective period which the new incumbent gets may be only up to March, 2019, i.e., less than ten or eleven months. During this period, he cannot function with full vigour and render services to public. The expenditure of last election was about rupees ten crores and if 40% increase therein is presumed, this election may cost the Government about rupees fourteen crores. This amount of rupees fourteen crores and development grant of rupees five crores to which new Member of Parliament becomes eligible therefore is nothing but huge loss to democracy.
3. He has invited our attention to Report No. 255 of Law Commission of India on Electoral Reforms. He has read out Chapter - XV and recommendations contained in paragraph 15.4. He submits that therefore these reasons have prompted Law Commission to suggest amendment to Sub-Section 7 of Section 33 of above Act so that same person does not contest from two constituencies.
4. The respective Counsel for respondents as also Counsel for intervenor submit that language of Section 151-A of the Act is very clear and even if election is held in May, next general election is due some time in June, 2019, hence, new Member of Parliament gets a tenure of about one year. They point out that object behind stipulating period in Section 151-A of the Act is only to see that when such period is short, the elections are not unnecessarily held.
5. We have perused Section 151-A of the Act. The substantive part thereof mandates holding of election within six months from the date of occurrence of vacancy. This mandate is diluted by proviso (a). As per that proviso, if remainder of the term of a member in relation to a vacancy is less than one year, the above mandate is not applicable. The provisions read together nowhere show that if the tenure available to such new Member of Parliament is more than six months, the elections cannot be held.
6. In present facts, the then sitting Member of Parliament has resigned on 8/12/2017, his resignation was accepted on 14/12/2017. Earlier election in which said Member of Parliament was elected was conducted on 5/3/2014 and first meeting of new Member of Parliament was held on 4/6/2014. Thus, period of five years available to other sitting Members of Parliament is up to June, 2019.
7. Learned Counsel for petitioner has also contended that in 2014 elections, Code of Conduct was in force since 5/3/2014 and therefore, approximately for three months. For June, 2019 elections, Code of Conduct may come in force again since March, 2019. According to him, therefore, Member of Parliament now to be elected will get effective tenure only up to March, 2019.
8. We find no substance and logic in this argument. Elected Member of Parliament can work till last day of his tenure in the interest of his constituency. Accordingly, we dispose of public interest litigation. No costs.