Q. Consider the following statements:
1. A bye-election for filling any vacancy shall be held within a period of six months from the date of the occurrence of the vacancy.
2. The process of the by-polls has been mentioned in the Indian Constitution.
3. A by-poll need not be held, if the remainder of the term of a member in relation to a vacancy is less than one year.
Which of the following statement is/are correct?
Select the correct answer using the code given below:
Quarterly-SFG-Jan-to-March
Red Book

[A] 1 and 2 only

[B] 3 only

[C] 1 and 3 only

[D] 2 and 3 only

Answer: C
Notes:

Section 151-A of the Representation of the People Act 1951 states that a “a bye-election for filling any vacancy…shall be held within a period of six months from the date of the occurrence of the vacancy”. However, there are two exceptions in this section.

  • Exception 1: A by-poll need not be held, if the remainder of the term of a member in relation to a vacancy is less than one year;
  • Exception 2: A by-poll need not be held the Election Commission in consultation with the Central Government certifies that it is difficult to hold the by-election within the said period.

Source: 9 PM Compilation of July, 2021


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