Mukesh Ranjan
New Delhi, March 24
With the Wayanad parliamentary constituency in Kerala falling vacant after the Lok Sabha Secretariat disqualified Congress leader Rahul Gandhi as an MP following his conviction in a defamation case, former Chief Election Commissioner (CEC) SY Quraishi said the Election Commission of India should not show undue haste in conducting the bypoll.
“The ECI has six months to order the bypoll and it shouldn’t do so immediately. In case a higher court suspends the conviction, any hasty action will cause embarrassment,” said Quraishi. In normal course, a bypoll is held only if more than a year is left for the Lok Sabha or the Assembly term to get over.
A former poll panel official, who is an expert in electoral laws, said technically the ECI could order the bypoll as more than a year was left for the Lok Sabha’s term to end in June. “But it may not happen as recently the poll panel had to withhold its notification for a bypoll in Lakshadweep after the Kerala HC stayed the conviction of disqualified NCP Lok Sabha member Mohammed Faizal…. Unless he gets relief, Rahul stands disqualified from contesting poll for eight years,” he said.
Another expert on electoral laws said the ECI could wait for the 30-day period granted by the court to allow the Congress leader to file an appeal against the conviction.
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