In Brief
Four candidates challenged bye-election notifications for vacant Municipal Corporation wards after originally elected candidates were disqualified for falsely claiming backward class status. The appellants, who obtained the second-highest votes, sought declaration as elected without holding fresh elections. The High Court dismissed their petitions. The Supreme Court held that casual vacancies from disqualification must be filled under the statutory scheme in Section 34 of the Mumbai Municipal Corporation Act, 1888. The Court ruled that the Election Commission must carefully consider whether a second-highest vote candidate can be deemed elected before ordering a bye-election. While mere pendency of an election petition doesn't automatically prevent bye-elections, the Commission must make a conscious reasoned decision applying statutory conditions, not act mechanically. The appeals were allowed and the matter remitted to the Commission for a fresh decision."
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