Election petition pending bars immediate bye-election; Section 151A must yield to election-petition remedies and finality.

Section 151A of the Representation of the People Act, 1951 is to be read harmoniously with the election-petition provisions, so it does not compel a bye-election where an election petition under Section 84 seeking a further declaration of election is still pending. A vacancy arising on resignation is not treated as a vacancy available for immediate filling until the petition is decided, because the outcome may affect relief under Sections 98(c) and 101(b) and the disqualification consequences under Section 8A read with Article 190(3)(b). The Election Commission is therefore not bound to hold a bye-election in such circumstances.

---

---

Issues: Whether Section 151A of the Representation of the People Act, 1951 mandates holding a bye-election within six months for a casual vacancy even when an election petition under Section 84 is pending, and whether such provision overrides the operation of Sections 84, 98(c), 101(b) and 8A read with Article 190(3)(b) of the Constitution of India.

Analysis: Section 151A was enacted to cure the absence of a time limit for filling casual vacancies, but it does not expressly refer to Section 84 or to the reliefs contemplated by Sections 98(c) and 101(b). A vacancy caused by resignation and acceptance under Article 190(3)(b) becomes relevant for bye-elections only if it is a vacancy available for being filled. Where an election petition is pending and the petition seeks the further declaration that the petitioner or another candidate has been duly elected, the proceeding under Section 84 must run its full course, especially because its outcome may affect the operation of Sections 98(c), 101(b) and the disqualification consequences under Section 8A. The provisions must be read harmoniously so that Section 151A does not render the election-petition machinery otiose.

Conclusion: Section 151A is not mandatory in the sense that it compels a bye-election to be held notwithstanding a pending election petition under Section 84; such vacancies are not available for being filled until the election petition is decided, and the Election Commission is not bound to proceed with a bye-election in those constituencies.

Final Conclusion: The statutory scheme preserves the finality of election-petition proceedings and does not permit a bye-election to bypass an unresolved challenge to the returned candidate's election.

Ratio Decidendi: A vacancy arising from resignation is not a vacancy available for bye-election purposes where an election petition seeking the further declaration of election is pending, and Section 151A must be harmonized with the election-petition provisions rather than read to extinguish them.

---