The Lieutenant Governor of Puducherry is the ceremonial head of the union territory. However, it is the Chief Minister of Puducherry who is the leader of the party or political alliance having a majority in the union territory elections to the Puducherry Legislative Assembly. The chief minister is the leader of the executive branch of the government of Puducherry. The chief minister is the chief adviser to the lieutenant governor of Puducherry and the head of the union territory council of ministers.
The Puducherry Election Commission is the state body of Puducherry that is enacted under the provisions of the constitution and is responsible for monitoring and administering the elections for local government in Puducherry. This body is responsible for ensuring elections are free and fair, without any bias.
Elections ensure the conduct of members pre-elections, during elections, and post-elections is as per statutory legislation.
All election-related disputes are handled by the election commission. The Madras High Court has held that where the enacted laws are silent or make insufficient provisions to deal with a given situation in the conduct of elections, the election commission has the residuary powers under the constitution to act as appropriate.
A bye-election is held when the seat-holder of a particular constituency dies, resigns, or is disqualified.
Rajya Sabha elections
Members of parliament in the Rajya Sabha (Council of States) from Puducherry are not directly elected by being voted upon by all adult citizens of the union territory but by the members of the Puducherry Legislative Assembly. Candidates who win the Rajya Sabha elections are called "Members of Parliament" and hold their seats for six years. The house meets in the Rajya Sabha Chamber of the Sansad Bhavan in New Delhi on matters relating to the creation of new laws or removing or improving the existing laws that affect all citizens of India. Elections take place to elect one member from Puducherry.[1]
Lok Sabha elections
Members of parliament in the Lok Sabha (House of the People) from Puducherry are directly elected by being voted upon by all adult citizens of the union territory from a set of candidates who stand in their respective constituencies. Every adult citizen of India can vote only in their constituency. Candidates who win the Lok Sabha elections are called "Members of Parliament" and hold their seats for five years or until the body is dissolved by the president of India on the advice of the council of ministers. The house meets in the Lok Sabha Chamber of the Sansad Bhavan in New Delhi on matters relating to the creation of new laws or removing or improving the existing laws that affect all citizens of India. Elections take place once every five years to elect one member from Puducherry.[2]
Members of the Puducherry Legislative Assembly are directly elected by being voted upon by all adult citizens of the state from a set of candidates who stand in their respective constituencies. Every adult citizen of India can vote only in their constituency. Candidates who win the legislative assembly elections are called "Members of the Legislative Assembly" and hold their seats for five years or until the body is dissolved by the lieutenant governor of Puducherry on the advice of the council of ministers. The house meets in the Assembly Chamber of the Chief Secretariat in Puducherry on matters relating to the creation of new laws or removing or improving the existing laws that affect all citizens of Tamil Nadu. Elections take place once every five years to elect 30 members to the legislative assembly. The leader of the majority party or alliance takes oath as chief minister of Puducherry.
When an elected candidate to either the Rajya Sabha, Lok Sabha, or Puducherry Legislative Assembly leaves the office vacant before their term ends, a bye-election is conducted to find a suitable replacement to fill the vacant position. It is often referred to as bye-polls.
Common reasons for by-elections:
Resignation of the sitting M.P. or an M.L.A.
Death of the sitting M.P. or an M.L.A.
But other reasons occur when the incumbent is disqualified for being ineligible to continue in office (criminal conviction, failure to maintain a minimum level of attendance in the office due to election irregularities found later, or when a candidate wins more than one seat and has to vacate one).
