Time limit for filling vacancies referred to in sections 147, 149, 150 and 151
Section 151A of the Representation of the People Act, 1951 deals with time limit for filling vacancies referred to in sections 147, 149, 150 and 151. Notwithstanding anything contained in section 147, section 149, section 150 and section 151, a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy: Provided that nothing contained in t The Act came into force on 17 Jul 1951.
1[151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151.—Notwithstanding anything contained in section 147, section 149, section 150 and section 151, a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy:
Provided that nothing contained in this section shall apply if—
(a) the remainder of the term of a member in relation to a vacancy is less than one year; or
(b) the Election Commission in consultation with the Central Government certifies that it is difficult to hold the bye-election within the said period.]
Section 151A, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Election Commission of India vs Bajrang Bahadur Singh
Court's Decision & Legal Precedent
Section 9A of the Representation of the People Act, 1951, applies to supervening disqualifications (those acquired after election) and operates to render a legislator's seat automatically vacant by operation of Article 190(3) from the moment the legislator enters into a contract with the government for supply of goods or execution of works. The disqualification is not contingent on completion or non-completion of the contract, nor is it affected by subsequent completion of contractual obligations. The disqualifying event is the mere entry into such a contract by a person already serving as a legislator. Once incurred, the disqualification operates to vacate the seat immediately, even though the period of disqualification itself may be limited to the subsistence of the contract. A legislator who becomes disqualified cannot resume office without being re-elected, though upon cessation of the disqualifying event, he becomes eligible to contest fresh elections. The Governor's declaration under Article 192 is purely declaratory in nature, determining whether the factual event occurred; the legal consequence of seat vacation flows from the Constitution itself, not from the Governor's declaration.
On this section: Time limit for filling vacancies - Mandates bye-election be held within six months from date of occurrence of vacancy
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 151A
What have the courts held on Section 151A of the Representation of the People Act?
Election Commission of India vs Bajrang Bahadur Singh (09 Apr 2015) is the leading judgment on this section among those set out below: Time limit for filling vacancies - Mandates bye-election be held within six months from date of occurrence of vacancy.
How do I find court cases under Section 151A of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 151A, section 151A RP Act 1951, section 151A of the Representation of the People Act. People searching for it also type section 151a of the representation of the people act 1951. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Election Commission of India vs Bajrang Bahadur Singh (09 Apr 2015).
What should I read with Section 151A of the Representation of the People Act, and has it changed?
Its own text turns on section 147 (Casual vacancies in the Council of States), section 149 (Casual vacancies in the House of the People), section 150 (Casual vacancies in the State Legislative Assemblies), section 151 (Casual vacancies in the State Legislative Councils), so none of them can safely be read on its own.
When did Section 151A of the Representation of the People Act come into force?
Section 151A of the Representation of the People Act, cited as RP Act 1951 151A, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.