Election Commission16-March, 2006 19:18 IST
Press Note - Schedule for bye-elections to fill casual vacancies in the State Legislative Assemblies of Bihar, Jammu & Kashmir and Madhya Pradesh

It has been a clear and consistent policy of the Election Commission to hold the bye-elections at the earliest possible opportunity in order to ensure that no segment of the Indian people are left unrepresented for unnecessary length of time. There is 1 (one) clear vacancy in the State Legislative Assembly of Bihar, 4 (four) clear vacancies in the State Legislative Assembly of Jammu & Kashmir and 1(one) clear vacancy in the State Legislative Assembly of Madhya Pradesh as detailed below: -

VACANCIES IN STATE LEGISLATIVE ASSEMBLIES

Sl.No. Name of State Number and name of                       Date of Vacancy

                                        Constituency

1. Bihar                         188-Patna West A.C.                             31.12.05

 2. Jammu &                  7-Rafiabad A.C                                      05.10.05

    Kashmir               12-Sangrama A.C                                       18.10.05

                                     15-Pattan A.C                                       16.06.05

 54-Bhaderwah A.C                                01.03.06

3. Madhya Pradesh   144-Budhni A.C                                          14.02.06

These are clear vacancies, which are not subject to any election  petition or appeal pending in any court and the remaining tenure of the State Legislative Assemblies of above-mentioned States is more than one year. 

As per the provisions of Section 151(A) of the Representation of the People Act, 1951 (read with the Section 150 of the Act), the Commission is required to fill vacancies in the states of Bihar and Madhya Pradesh within the period of six months from the date of their occurrence. However, no such period is specified for filling the casual vacancy(ies) in the Legislative Assembly of Jammu & Kashmir as per the provision of Section 152 of the Jammu and Kashmir Representation of the People Act, 1957.

Accordingly, the Commission has decided to hold bye-elections to fill above mentioned 6 (Six) vacancies in the Legislative Assemblies of Bihar, Jammu & Kashmir and Madhya Pradesh as per schedule given below: -

Programme                   Schedule-I                                             Schedule-II

(For Bihar only)              (For Jammu & Kashmir

and Madhya Pradesh)

1. Issue of Notification    30.03.06(Thursday)        31.03.06(Friday)

2. Last date of making    06.04.06(Thursday)        07.04.06(Friday)

     Nominations

3. Scrutiny of                 08.04.06(Saturday)         08.04.06(Saturday)

    Nominations

4. Last date for              10.04.06 (Monday)         10.04.06 (Monday)

    withdrawal of

    candidatures

5. Date of Poll                24.04.06(Monday)                      24.04.06(Monday)

6. Counting of votes        27.04.06(Thursday)        27.04.06(Thursday)

7. Date before which       02.05.06(Tuesday)         02.05.06(Tuesday)

    election shall be

     completed

ELECTRONIC VOTING MACHINES (EVMs)

The Commission has decided to use EVMs in all these bye-elections in all the polling stations. Adequate numbers of EVMs have been made available to these states and all steps have been taken to ensure that the poll is conducted  smoothly with the help of these machines.

IDENTIFICATION OF VOTERS

In consonance with the past practice, the Commission has decided that the voter’s identification shall be mandatory in the aforementioned bye-elections  at the time of poll. In order to ensure that no voter is deprived of his/her franchise, if his/her name figures in the Electoral Roll. Separate instructions will be issued to allow additional documents, apart from the  Electors’ Photo Identity Cards, for identification of voters at the time of poll in these bye-elections.

MODEL CODE OF CONDUCT

The Model Code of Conduct shall come into force with immediate effect i.e. 16th March 2006, in the districts in which the whole or any part of Assembly Constituency going for bye-election is included. The Model Code of Conduct shall be applicable to all candidates, political parties and the State Governments. The Model Code of Conduct shall also be applicable to the Union Government as far as these States are concerned.

Election Commission of India                                                                 

New Delhi,         Phalguna 25, 1927                    

         March  16,   2006

RM/AMA-160308 Press Note Bye-elections


(Release ID :16618)