India's Election Commission Issues Notifications for By-elections in Three States

The Election Commission of India (ECI) on Monday issued notifications for by-elections to three Legislative Assembly constituencies in Madhya Pradesh, Gujarat and Bihar, formally setting the electoral process in motion with the commencement of nomination filing. The bypolls will be held for Datia (22) in Madhya Pradesh, Manjalpur (145) in Gujarat and Bankipur (182) in Bihar to fill vacant Assembly seats. According to the election schedule announced by the Commission, the last date for filing nominations is July 13, while scrutiny of nomination papers will take place on July 14. Candidates can withdraw their nominations until July 16. Polling, if required, will be held on July 30 between 7 a.m. and 6 p.m., while counting of votes is scheduled for August 3 from 8 a.m. onwards. The entire election process will be completed by August 4. The Election Commission has also directed the governments of the three states to ensure strict compliance with statutory provisions relating to paid holidays and dry days in the poll-bound constituencies. Invoking Section 135B of the Representation of the People Act, 1951, the Commission said every eligible voter employed in any business, trade, industrial undertaking or other establishment must be granted a paid holiday on polling day to enable them to exercise their franchise. The provision also extends to daily wage and casual workers, and employers violating the rule will be liable for penalties. The Commission clarified that electors registered in the poll-bound constituencies but employed outside their respective Assembly segments will also be entitled to a paid holiday on polling day so they can travel and cast their votes. Further, under Section 135C of the Representation of the People Act, 1951, the Commission directed that a “dry day” be observed in the polling areas during the 48 hours preceding the close of polling. The prohibition on the sale, distribution and serving of liquor will also apply in the event of a re-poll, if necessary. The Commission also instructed the state governments to declare August 3, the day of counting of votes, as a dry day in the concerned constituencies in accordance with the relevant state laws.