PANAJI
The Election Commission of India on Tuesday sought time to file its reply before the High Court of Bombay at Goa in petitions challenging the upcoming Ponda by-election scheduled for April 9.
The petitions, filed by two voters from Ponda, came up for hearing during which one of the petitioners argued that the by-poll violates the proviso to Section 151 of the Representation of the People Act. The petitioner contended that an elected MLA must have a minimum tenure of one year before a subsequent election is held.
In the present case, the petitioner argued, the by-election is being conducted with counting slated for May 4, leaving the winning candidate with less than a year in office before the next Assembly election is due.
The petitioner’s counsel also cited two judgments from other states where similar polls were quashed. The High Court adjourned the matter to March 30 which is when the ECI will furnish its reply.
The petitions challenging the poll were filed on the day nominations closed on Monday.
