By election in India
Table of Contents
What is By-election in India???
By-poll or by-election means the process of selection of a candidate to state assembly or parliament. After the general election is done. We see a general election every five years. Through this process, the citizen of India elected their member of parliament for Lok sabha and members of the state legislative assembly by voting. Now, these mp and MLAs have a term period of 5 years. Sometimes these mp and MLA do not complete their term period of five years. So basically a seat remains vacant. To fill the particular seat re-election will be done and that is a by-poll election.
Some reason behind the by-election in India
1-Sudden death of the mp and MLA(By election in India)
When a selected candidate vacates his seat due to his sudden death. The seat remains vacant. So it is also a reason behind the re-election.
2-If the selected candidate resigned.
Resigns of a candidate leads to the re-election of the candidate. An MLA resigns to compete in the MP election. An mp resigns from his seat to compete in the state election. For example- when the TMC party came into power at that time Mamata Banerjee still an MP in parliament. As per the rule she had to become an MLA from West Bengal. So an MLA from her party vacates his seat for Mamata Banerjee. So she left her seat and compete in the legislative election to become chief minister of WB.
3-Criminal conviction(By election in India)
It could be a candidate criminal conviction. Which make him/her ineligible to continue his office. Although this one is good in theory but in practice. we know that many politicians have a criminal record but they are still continuing his office.
4-Disqualification of a member on the charges of holding the office of profit.
As per article 102 and 191 of our Indian constitution, an MP or an MLA can not hold the office of profit under state and central govt. as their position can put them to get financial benefit.
This can lead to vacate his seat. And it is the reason for the re-election.
5-Campaigning from two Constituencies.
It is a legal game plan which wildly played by politicians. We see much time a candidate compete from two-seat. In the 2014 Lok sabha election even PriceMinister Modi compete from two-seat. one from Vadodara Gujarat and another is Baranashi Uttar Pradesh. But after the election there is a Represent of people act 1951. It says one should vacate his one of his seat after the election if he/she won both. this will lead to the vacant seat. And a reason for the by-election.
6-Shift allegiance and switch party. (by-election in India)
India has witnessed several by-polar elections when an individual decided to shift allegiance or to switch parties. It leads to vacate a seat. And it is a reason for the by-election. We show the latest example in the 2017 Gujarat assembly election. 14 Congress MLA walked out from the party. BJP give 7 MLA tickets out of 14. So in 7 places leads to re-election. It is a reason for the by-election.
These are the reason for the by-election in India. And it is mandatory to fill the seat within 6 months.