Prior Election-Unconstitutional and void

BY BINDESHWAR SAH · MAY 8, 2014

                       PART III

              Notification of General Elections

Section 14 Notification for general election to the House of the People.—

(1)                                  A general election shall be held for the purpose of constituting new House of the People on the expiration of the duration of the existing House or on its dissolution.

(2)                                 For the said purpose the President shall, by one or more notifications published in the Gazette  of India on such date or dates as may be recommended by the Election Commission, call upon all Parliamentary constituencies to elect members in accordance with the provisions of this Act and of the rule and orders made thereunder:

Provided that where a general election is held otherwise than on the dissolution of the existing House of the People, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that House would expire under the provisions of clause (2) of article 83.

Section 15. Notification for general election to a State Legislative Assembly.— (1)         A general election shall be held for the purpose of constituting a new Legislative Assembly on the expiration of the duration of the existing Assembly or on its dissolution. (2)         For the said purpose, the Governor or Administrator, as the case may be, shall by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon all Assembly constituencies in the State to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder:

Provided that where a general election is held 

otherwise than on the dissolution of the existing Legislative Assembly, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that Assembly would expire under the provisions of clause (1) of Article 172 or under the provisions of section 5 of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.

 

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