DIMAPUR, July 30 - Stating that he has not received any official intimation from the Election Commission of India (ECI) regarding declaration of results of the by-election to the 10 Northern Angami-I Assembly Constituency of Nagaland held yesterday, State Chief Electoral Officer (CEO) Abhijit Sinha said the counting of votes will take place on August 3.
The Nagaland Pradesh Congress Committee (NPCC) has said the Supreme Court on July 28 issued a notice to the ECI that the result of the by-election to the Northern Angami-I Assembly Constituency held yesterday would be subjected to the outcome of the case filed by it.
The NPCC, in a release, informed that the apex court admitted the Special Leave Petition (SLP) filed by it against holding of the by-election as it contravened the provisions under Section 255 of the Representation of the People Act, 1951.
The Principal Bench of the Gauhati High Court earlier this month ruled that �by-elections can be held even if a member�s remainder term is less than a year�.
The NPCC had challenged the notification for holding by-election on the ground that the remainder of the term is less than one year.
However, the Gauhati High Court observed that the provisions under Section 151 of the Representation of the People Act, �are merely an exception to a statutory mandate that by-election for filling-up casual vacancy must be held within six months from the date of occurrence of the vacancy�.
The Court said the provisions did not say that no by-election shall be held to fill-up a vacancy if the remainder of the term of a member in relation to the vacancy is less than one year.
IANS adds: By-election to the Northern Angami-I Assembly Constituency passed off peacefully yesterday, with over 78 per cent of the total 16,235 electorate casting their votes.
�The latest voter turnout recorded till 4.00 pm was 78.55 per cent. We are expecting the turnout to touch 79 per cent,� Returning Officer Rajesh Soundararajan told IANS over phone.
He said overall the by-election went off peacefully with �no major incident� during the polling hours.
Soundararajan said VVPAT machines were used in all the 25 polling booths.
There were reports of malfunctioning of VVPAT machines in two polling booths � T Khel Upper and L Khel Upper 2 � but those were rectified.
The by-election was necessitated following the resignation of sitting NPF legislator Khriehu Liezietsu on May 24 to enable his father Shurhozelie Liezietsu to contest and enter the Assembly in order to continue as Chief Minister.
