Pertinently, it was also pointed out that the elections are proposed to be held before the expiry of the tenure of the present assembly.
Uttar Pradesh goes to the polls in seven phases from February 10 to March 7 this year, while the term of the present Assembly is up to May 15, 2022, the plea highlighted.
The petition said that as per Section 15 of the Representation of People Act of 1951, elections can be held before the expiry of the assembly only as an exception.
“Section 15 of the Representation of People Act, 1951 provides for the election on the expiration of the duration of the term of the Assembly or when the Assembly has been dissolved. Only in the proviso to Section 15, there is the provision of holding elections prior to the dissolution of the Assembly. It is therefore necessary to note that a proviso can not take over substantive provision to which it is a proviso. Ordinarily, the election is to be held when the term of the existing Assembly has come to an end or it has been dissolved. As an exception, it can be held sometimes within the period of six months prior to the term of existing Assembly has come to an end,” the petition stated.
Source: Barandbench
