If a seat in the House of Commons falls vacant due to any reason whatsoever, a by election is held to fill up the vacancy. Several by – elections can take place if several seats are vacant in the House of Commons.
Causes for by elections
A seat becomes vacant if the MP joins a service, which is not permitted, or the MP resigns or the MP has died. Legally, a seat can also be declared vacant in case the MP becomes a bankrupt or becomes mentally sick or is convicted for a serious criminal offence. However, a by election does not automatically take place if a Mp changes his political party. Till the time a new MP is elected, some other MP looks after the functions of the constituency from the same political party and belonging to a neighboring constituency.
“Moving a Writ”
The Chief – Whip of the political party whose Mp held the vacant seat shall initiate the procedure for the by election. This ‘initiation’ is known as “Moving a Writ” and it takes the form of a motion in the House of Commons.
Time Table for By - Elections
A new Writ is usually moved within 3 months from the date when the seat falls vacant. However there have been instances where the seat remained vacant even for a period of 6 months before the by – elections were conducted. If a seat falls vacant close to a date when the General Elections are forthcoming, then the seat is left vacant, to be filled up only by the General Elections.
