By-poll to be held within 6 months after seat falls vacant
Srinagar, Nov 04: Former Lok Sabha Secretary General P.D.T. Achary on Wednesday said the Speaker is required to satisfy himself that a Member of Parliament’s resignation is voluntary before accepting it.
Talking to the news agency—Kashmir News Observer (KNO), Achary said that if an MP personally hands over his resignation letter to the Speaker, the latter can accept it without conducting any inquiry.
“If a Member of Parliament goes to the Speaker and submits his resignation in person, the Speaker can accept it and does not need to conduct any inquiry,” Achary said.
However, he said that when a resignation is received through post or any other indirect means, the Speaker must satisfy himself that it was not submitted under pressure or coercion.
“If the Speaker finds that the resignation has been made under pressure, he cannot accept it,” Achary said.
Replying to a question on the timeline for holding a by-election in the event of a vacancy in the Lok Sabha, the former Lok Sabha Secretary General said a by-election must be conducted within six months from the date the seat falls vacant, as mandated under the Representation of the People Act, 1951.
“The by-poll has to be held within six months of the vacancy occurring,” he said.
Under the Representation of the People Act, 1951, a bye-election to fill a vacancy in Parliament or a State Legislature must ordinarily be held within six months from the date of occurrence of the vacancy.
However, the provision does not apply if the remaining term of the House is less than one year. The term of the current 18th Lok Sabha is scheduled to continue until June 2029, unless dissolved earlier.
The Act also exempts vacancies from the six-month time limit if the Election Commission, in consultation with the Central Government, certifies that it is difficult to hold the by-election within the stipulated period.
If the resignation is accepted with effect from November 03, 2026, the by-election would ordinarily have to be held by May 02, 2027. (KNO)
