KANHAIYALAL S/O SHRAWAN DAMAHE v. STATE OF MAHARASHTRA, THROUGH P.S. SAONER, NAGPUR
Election Law - Interpretation of Section 151-A of RP Act; 'Remainder of Term' for Bye-Elections Calculated from Date of Result, Prohibiting Elections for Tenures Less Than One Year.
Court: Bombay High Court
Citation: 2026:BHC-GOA:732-DB
Decision Date: 08-04-2026
List of Laws
The Representation of the People Act, 1951; The Constitution of India; Doctrine of Binding Precedent; Principles of Statutory Interpretation (Literal Rule); Bombay High Court Appellate Side Rules
- Facts: The 21-Ponda Constituency seat in the Goa Legislative Assembly fell vacant on 15.10.2025 following the demise of the sitting MLA, Shri Ravi Naik. The term of the current Assembly is set to expire on 14.03.2027. On 16.03.2026, the Election Commission of India (ECI) issued a notification to hold a bye-election for the seat, with polling scheduled for 09.04.2026 and results to be declared on 04.05.2026. The Petitioners challenged this notification, contending that the remaining term for the newly elected member would be less than one year, thereby violating the statutory bar under the proviso to Section 151-A of the Representation of the People Act, 1951.
- Procedural Posture: The matter reached the High Court of Bombay at Goa through two Writ Petitions filed under Article 226 of the Constitution of India, seeking to quash the ECI's election notification.
- Issue: Whether the 'remainder of the term' mentioned in Clause (a) of the proviso to Section 151-A of the Representation of the People Act, 1951, is to be calculated from the date the vacancy arises or from the date the newly elected member would take office; and whether the ECI's notification was valid given that the incoming member's tenure would be less than one year.
- Holding: The Court held that the remainder of the term must be calculated from the date the newly elected member takes office. Consequently, the notification was declared arbitrary and quashed as the remaining tenure was only nine months.
- Reasoning: The Court relied on the coordinate bench decision in 'Sandeep Yashwantrao Sarode v. ECI', which established that the 'remainder of the term' refers to the actual tenure an incoming member would serve from the date of result declaration to the end of the Assembly's term. The Court applied the rule of literal interpretation, noting that the use of the indefinite article 'a' in 'the remainder of the term of a member' signifies the incoming member. It rejected the ECI's argument that the period should be reckoned from the date of vacancy. The Court also clarified that the Supreme Court's decision in 'Pramod Laxman Gaudadhe' did not set a contrary ratio as it was decided on different facts where the remaining tenure exceeded one year. Judicial discipline mandated following the consistent view of coordinate benches.
🔒 For Members Only