REGENT COMPUTRONICS PVT. LTD.

Sandeep Yashwantrao Sarode Appellant

V/S

ELECTION COMMISSION OF INDIA Respondents

Referred Judgements :-

S. P. GUPTA VS. UNION OF INDIA [REFERRED TO]
STATE OF NCT OF OF DELHI AND ANR. VS. SANJEEV ALIAS BITTOO [REFERRED TO]
N P PONNUSWAMI THE UNION OF INDIA AND STATE OF MADHYA BHARAT VS. RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST :RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST [REFERRED TO]
N P PONNUSWAMI THE UNION OF INDIA AND STATE OF MADHYA BHARAT VS. RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST :RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST [REFERRED TO]
JAGAN NATH VS. JASWANT SINGH [REFERRED TO]
MOHINDER SINGH GILL VS. CHIEF ELECTION COMMISSIONER NEW DELHI [REFERRED TO]
JYOTI BASU VS. DEBI GHOSAL [REFERRED TO]
AMBICA QUARRY WORKS AMBALAL MANIBHAI PATEL VS. STATE OF GUJARAT [REFERRED TO]
DIGVIJAY MOTE VS. UNION OF INDIA [REFERRED TO]
ELECTION COMMISSION OF INDIA VS. ASHOK KUMAR [REFERRED TO]
STATE OF MAHARASHTRA VS. MARWANJEE P DESAI [REFERRED TO]
UNION OF INDIA VS. ASSOCIATION FOR DEMOCRATIC REFORMS [REFERRED TO]
R L JAIN VS. DDA [REFERRED TO]
ELECTION COMMISSION OF INDIA VS. TELANGANA RASTRA SAMITHI [REFERRED TO]
PINCL CHIEF CONSERVATOR OF FOREST VS. J K JOHNSON [REFERRED TO]
ARIKALA NARASA REDDY VS. VENKATA RAM REDDY REDDYGARI [REFERRED TO]
STATE OF GUJARAT & ORS VS. UTILITY USERS WELFARE ASSOCIATION & ORS [REFERRED TO]
PRAMOD LAXMAN GUDADHE VS. ELECTION COMMISSION OF INDIA AND ORS. [REFERRED TO]

JUDGEMENT

(1.) The petitioner, who is Chairman of Panchayat Samiti, Katol and Director of Agriculture Produce Market Committee, Katol, District Nagpur, has questioned the legality and correctness of the declaration of holding of byeelection to fill the casual vacancy, which has arisen in 48Katol Assembly Constituency. Declaration has been made vide Election Commission of India ("ECI" for short), press note dated 10.03.2019 and the election is scheduled for 11.04.2019.

(2.) The petitioner submits that Legislative Assembly seat from Katol constituency was represented by Mr. Ashish Ranjit Deshmukh who, after completing four years of his term, tendered his resignation which was accepted by the Speaker of Legislative Assembly of Maharashtra on 06.10.2018 and since then, the legislative assembly seat has fallen vacant.

(3.) According to the petitioner, the declaration to hold the election to the casual vacancy on 11.04.2019, violates the mandate of Section 151 of the Representation of the People Act, 1951 ("R.P. Act, 1951" for short) on two grounds.

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SANDEEP YASHWANTRAO SARODE Vs. ELECTION COMMISSION OF INDIA

Referred Judgements :-

JUDGEMENT

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