Ranchi: Jharkhand Mukti Morcha (JMM) submitted a memorandum to Jharkhand Chief Electoral Officer K Ravi Kumar.
Through the memorandum, a request was made to hold by-elections in the Gandey Assembly.
A delegation of JMM reached the office of the Election Commission of India on Friday.
In which the party’s Central General Secretary Supriyo Bhattacharya, General Secretary Vinod Pandey, MLA Nalin Soren, Bhushan Tirkey and Dinesh William Marandi were included.
The delegation told the Chief Electoral Officer that Sarfaraz Ahmed from Gandey suddenly resigned from the post of MLA on 31 December 2023.
After which the assembly constituency became vacant.
In the memorandum that the first session of the fifth Jharkhand Assembly was convened on 6 January 2020.
According to Article 172 of the Constitution of India, the tenure of the fifth Jharkhand Legislative Assembly is till January 5, 2025.
According to Section 15A of the People’s Representation Act 1951, there is a provision that if the tenure of the Assembly is more than one year, by-elections should be held within six months.
The Supreme Court in the case of Pramod Laxman Gudadhe vs. Election Commission of India and others has declared the provisions of the Representation of the People Act to be binding on the Commission.
In the press note issued by the Election Commission of India, this issue has been clarified that in case of more than one year remaining, a by-election is necessary to be held within six months of the vacancy.