<p>The Karnataka High Court on Friday declined to grant interim order in a public interest litigation (PIL), stating that Election Commission can proceed with conducting by-elections for Bellary, Shimoga and Mandya parliamentary constituencies.</p>.<p>A division bench, headed by Chief Justice Dinesh Maheshwari, was hearing a petition filed by Ramesh Naik, an advocate and a resident of Tumakuru, who had challenged the by-elections to three Lok Sabha seats, scheduled for November 3, 2018.</p>.<p>The petitioner contended that, considering the tenure of the new members, holding elections is a loss to state exchequer.</p>.<p>The by-elections to the three aforementioned constituencies were necessitated after the elected members resigned to contest the Assembly elections held in May 2018.</p>.<p>The petitioner argued that under the provisions of the Representation of Peoples Act 1951, it is incumbent on the Election Commission of India (ECI) to conduct the by-elections and fill the vacancy within six months from the date of vacancy.</p>.<p>However, the same law provides a provision which states that it is not mandatory to hold by-elections if the tenure of the newly elected members is less than one year.</p>.<p>He further contended that the term of the present Lok Sabha will expire on May 2019 and the general elections are due to be held in April - May 2019 to constitute the 17th Lok Sabha.</p>.<p>In this case the newly elected member will only get five months and two parliamentary sessions to attend.</p>
<p>The Karnataka High Court on Friday declined to grant interim order in a public interest litigation (PIL), stating that Election Commission can proceed with conducting by-elections for Bellary, Shimoga and Mandya parliamentary constituencies.</p>.<p>A division bench, headed by Chief Justice Dinesh Maheshwari, was hearing a petition filed by Ramesh Naik, an advocate and a resident of Tumakuru, who had challenged the by-elections to three Lok Sabha seats, scheduled for November 3, 2018.</p>.<p>The petitioner contended that, considering the tenure of the new members, holding elections is a loss to state exchequer.</p>.<p>The by-elections to the three aforementioned constituencies were necessitated after the elected members resigned to contest the Assembly elections held in May 2018.</p>.<p>The petitioner argued that under the provisions of the Representation of Peoples Act 1951, it is incumbent on the Election Commission of India (ECI) to conduct the by-elections and fill the vacancy within six months from the date of vacancy.</p>.<p>However, the same law provides a provision which states that it is not mandatory to hold by-elections if the tenure of the newly elected members is less than one year.</p>.<p>He further contended that the term of the present Lok Sabha will expire on May 2019 and the general elections are due to be held in April - May 2019 to constitute the 17th Lok Sabha.</p>.<p>In this case the newly elected member will only get five months and two parliamentary sessions to attend.</p>