147. Casual vacancies in the Council of States.—1
[(1)] When before the expiration of the term of
office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his
election to the Council of States is declared void, the Election Commission shall by a notification in the
Gazette of India call upon the elected members of the Legislative Assembly or the members of the
electoral college concerned 2***, as the case may be, to elect a person for the purpose of filling the
vacancy so caused before such date as may be specified in the notification and the provisions of this Act
and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a
member to fill such vacancy.
3
[(2) As soon as may be after the date of commencement of the Constitution (Seventh Amendment)
Act, 1956, bye-elections shall be held to fill the vacancies existing on that date in the seats allotted to the
States of Assam, Orissa and Uttar Pradesh and the 4
[Union territories of Delhi, Himachal Pradesh and
Manipur].]
148. [Casual vacancies in the electoral colleges for certain Union territories.] Omitted by the
Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).
149. Casual vacancies in the House of the People.—(1) When the seat of a member elected to the
House of the People becomes vacant or is declared vacant or his election to the House of the People is
declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a
notification in the Gazette of India, call upon the parliamentary constituency concerned to elect a person
for the purpose of filling the vacancy so caused before such date as may be specified in the notification,
and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in
relation to the election of a member to fill such vacancy.
(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the
Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify
that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the
case may be.
150. Casual vacancies in the State Legislative Assemblies.—When the seat of a member elected to
the Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative
Assembly is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by
1. Section 147 renumbered as sub-section (1) of that section by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
2. The words “or the elected members of the Coorg Legislative Council” omitted by Act 49 of 1951, s. 44 and the Fifth Schedule
(w.e.f. 6-9-1951).
3. Ins. by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
4. Now the National Capital territory of Delhi and the States of Himachal Pradesh and Manipur.
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a notification in the Official Gazette, call upon the Assembly constituency concerned to elect a person for
the purpose of filling the vacancy so caused before such date as may be specified in the notification, and
the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in
relation to the election of a member to fill such vacancy.
(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the
Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify
that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the
case may be.
151. Casual vacancies in the State Legislative Councils.—When before the expiration of the term
of office of a member elected to the Legislative Council of a State, his seat becomes vacant or is declared
vacant or his election to the Legislative Council is declared void, the Election Commission shall, by a
notification in the Official Gazette, call upon the Council constituency concerned or the members of the
Legislative Assembly of the State, as the case may be, to elect a person for the purpose of filling the
vacancy so caused, before such date as may be specified in the notification, and the provisions of this Act
and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a
member to fill such vacancy.
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.]