D.SANJEEVAYYA vs ELECTION TRIBUNAL ANDHRA PRADESH & ORS.

The Supreme Court held that under Section 150 of the Representation of the People Act, 1951, the Election Commission is not mandated to hold a bye-election immediately upon the occurrence of a vacancy. The Court ruled that the appellant could not evade the pending election petition by resigning his seat, as the outcome of the petition could potentially declare the second respondent duly elected, leading to dual representation. Consequently, the appeal for a writ of mandamus to compel the Election Commission to act was dismissed.