ELECTION COMMN.OF INDIA vs TELANGANA RASTRA SAMITHI

The Supreme Court upheld the Andhra Pradesh High Court's decision that Section 151A of the Representation of the People Act, 1951, is mandatory, requiring bye-elections to be held within six months of a vacancy, as notified under Article 190(3)(b) of the Constitution. The Court clarified that the pendency of election petitions does not exempt the Election Commission from its obligation to conduct bye-elections. Consequently, the Election Commission's decision not to hold bye-elections for the 28-Vemulawada and 29-Sircilla constituencies was overturned, mandating the Commission to proceed with the elections.