Gandhinagar, Japan K Pathak: The Election Commission is not under any legal obligation to hold by-poll in Bhiloda, the assembly seat currently vacant in Gujarat, as the vacancy arose less than a year before the state assembly’s term ends on 18 February 2023. Similar approach is possible in the case of another vacant assembly seat – Unjha. However while Unjha seat’s vacancy arose less than a year before the possible dates of state assembly general elections, it arose not less than a year before the state assembly’s term-end.

Section 151A of R P Act 1951 states that a bypoll should be held within six months of occurrence of a vacancy, provided nothing contained in this section shall apply if “the remainder of term of a member in relation to a vacancy is less than one year”.

While Bhiloda does require a poll to be conducted within six months –– that is by September –– the ECI is not obligated to hold this bypoll, given the assembly polls in Gujarat are likely to be scheduled in December 2022, if we go by routine cycle. Bhiloda(ST) seat fell vacant upon the death of MLA Dr.Anil Joshiyara on March 14, 2022.

The vacancy of another assembly seat Unjha in North Gujarat occurred due to the demise of incumbent MLA Dr. Ashaben Patel on December 12, 2021. State assembly’s term officially will end o 18 February 2023, which is more than a year after Dr. Ashaben’s death. However the Election Commission of India (ECI) is likely to hold 182-seat Gujarat assembly elections in December this year as per the regular cycle, around the elections of Himachal Pradesh assembly, and in that sense, late Dr. Ashaben’s term left is less than a year.

It’s worth noting that the Election Commission had announced by-polls of several assembly seats in other States along with five-state general elections in February-March this year. However by-poll of Unjha seat was not in the list. In normal circumstances, Unjha by-poll could be held by first half of June. In case of Bhiloda, the incumbent MLA passed away after five-state elections. DeshGujarat