Bypoll (Bye-election) is an election held to fill a vacant seat in Parliament, a State Legislative Assembly, or other elected bodies, between the regular five-year general elections. The Election Commission of India (ECI) is responsible for conducting bypolls across the country.
When Are Bypolls Held in India?
Bypolls are typically held in the following situations:
- Resignation: When an elected representative resigns, leaving their seat vacant.
- Death: If a Member of Parliament (MP) or Member of the Legislative Assembly (MLA) dies in office.
- Disqualification: If a representative is disqualified for reasons such as defection under the Anti-Defection Law, or other legal issues.
- Ineligibility or Criminal Conviction: If the elected official loses eligibility due to a criminal conviction or another legal issue.
Rules and Timeframe
- Constitutional Requirement: The Election Commission of India typically conducts a bypoll within six months of the seat falling vacant. This is a constitutional requirement to ensure that constituencies have continued representation.
- No Bypoll Near General Elections: If a vacancy arises within a few months of the next general election, the Election Commission may decide not to hold a bypoll, as the general election would soon provide an elected representative.
