Hyderabad, December 08: The Sircilla MLA, Mr K T Rama Rao, and the Vemulawada MLA, Mr Chennamaneni Ramesh, on Wednesday heaved a sigh of relief with the Supreme Court ruling that they can continue as legislators as the by-elections were held already.
The highest court of the land, however, made it clear that the rule 151(A) of People’s Representation Act does not apply to the stipulation that by-elections should be held within six months after the seats fall vacant, when an election petition was pending in court.
Censuring the Election Commission for its error of judgment in holding by-elections in spite of cases pending in court, the Supreme Court ruled that those declared elected would continue as legislators as the EC appeared before the court after conducting by-elections. The Supreme Court also suggested to the Election Commission not to hold elections in the constituencies when election petitions were pending in the court.
It may be mentioned here that petitions were filed in the High Court challenging the elections of Mr K T Rama Rao and Mr Chennamanni Ramesh from Sircilla and Vemulawada respectively. However, they had resigned
from their seats over demand for separate Telangana even before the High Court delivered its verdict on the election petitions. Later, the Election Commission conducted by-elections to both the seats along with others in view of the rule that by-elections should be held within six months after the seats fall vacant.
However, both the MLAs from Sircilla and Vemulawada retained their seats in the by-elections held on July 27 i.e. within six months after their resignations to the Assembly membership. The Supreme Court delivered its judgment on Wednesday on the petitions challenging their elections.
——–NSS