In Brief
In a Mumbai Municipal Corporation election, the elected councillor was disqualified after her caste certificate was invalidated. The appellants, who secured the second-highest votes, filed election petitions seeking to be declared elected. The State Election Commission initiated bye-elections to fill the vacancy. The Supreme Court held that when a casual vacancy arises from disqualification, the Commission must apply statutory procedures under Section 34 of the Mumbai Municipal Corporation Act, 1888 before deciding whether to hold fresh elections. The Court distinguished cases under the Representation of the People Act, 1951, finding the municipal law framework permits the second-highest vote-getter to be deemed elected without fresh elections. The Court allowed the appeals, requiring the Commission to take a fresh decision considering whether another valid candidate could be deemed elected before proceeding with bye-elections.
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