E-Paper
ECI to take a call soon on biennial legislative council elections in Uttar Pradesh
It remains to be seen whether the legislative council polls will precede the Uttar Pradesh assembly elections or be held after them
The Election Commission of India (ECI) has to take a call soon on holding biennial elections to 36 seats of state legislative council from 35 local authorities as well as the 2022 assembly polls in Uttar Pradesh.
The term of the members elected to the state legislative council from the local authorities’ area ends on March 7, 2022. On the other hand, the term of the state assembly (17th Vidhan Sabha) ends on May 14, 2022.
It remains to be seen whether ECI will hold the biennial elections before the assembly polls or afterwards. A debate is going on about the likely schedule of the two elections as the political parties get ready for both the polls.
ECI will have to work out a way for the two polls, ensuring that their timing does not overlap. The poll panel will also have to look at the timing of the elections to the assemblies of Uttarakhand, Punjab, Manipur and Goa that went to the polls along with the Uttar Pradesh assembly elections in early 2017. The terms of the assemblies of these states will end on March 23, March 27, March 19 and March 15, 2022, respectively.
Those aware of the developments on the issue said the BJP recently inducted some Samajwadi Party MLCs (whose term expires on March 7, 2022) and apparently promised them a party ticket in the biennial poll. The BJP’s move triggered speculation about an early (December 2021) biennial election so that the party may use the likely “positive” outcome to support its projections for “victory” in the 2022 UP assembly elections. Others, however, said ECI may hold the biennial elections only after the UP assembly elections.
“If the ECI decides to hold the biennial elections before the assembly elections, it may have to announce the poll programme within the next few days. ECI’s code of conduct will come into force soon after announcement of the biennial election. The BJP government will thereafter be left with little time to get some of the major development projects launched ahead of 2022 assembly elections.
“An early biennial legislative council election (December 2021) will lead to enforcement of code of conduct in the next few days. As the election to the state assembly is likely to be announced in early January 2022, the code of conduct for the same will come into force again. The enforcement of the code of conduct may affect the pace of development. I think the biennial election will be postponed and may be held only after the 2022 assembly polls,” said Rae Bareli BJP leader Dinesh Pratap Singh, MLC whose term expires on March 7, 2022.
There is another school of thought which suggests that the two elections can be held simultaneously.
“We can’t comment on the issue till the ECI announces the schedule for any of these two elections. ECI, we hope, will take a call on the issue soon,” said officials on condition of anonymity.
On the other hand, Samajwadi Party spokesman Rajendra Chaudhary said, “The BJP apparently wants to weaken democracy and ensure that the elections according to its wishes. The SP, however, wants to strengthen democracy.”
UP BJP spokesman Chandra Mohan said, “ECI decides the timing of the polls. The BJP will be ready for the polls as and when announced by ECI.”
“This (holding elections) is ECI’s jurisdiction. ECI is an independent body and will look at the constitutional requirements to hold the two elections well in time. ECI has powers to decide the timing and enforcement of the code of conduct,” said Professor SK Dwivedi, former head of the department of political science, Lucknow University.
It may be mentioned that ECI had announced the schedule for biennial election to 36 seats of the state legislative council on January 29, 2016.
“The biennial election to fill up these seats of the members, vacated due to their retirement could not be conducted before their retirement as the percentage of the local bodies/electors was less than 75 percent which is a requisite minimum for holding election from Local Authorities’ Constituency as per the norm specified by the Commission and upheld by the Hon’ble Supreme Court in Election Commission of India versus Shivaji and Ors (AIR 1988 SC V 1). Now, as per the information furnished by the CEO, Uttar Pradesh, the percentage of the local bodies/electors is more than 75 per cent, and therefore, the Commission has decided to hold biennial election to Uttar Pradesh Legislative Council from 35 Local Authorities’ Constituencies to fill up 36 vacated seats…,” read the order of ECI’s announcement of biennial elections dated January 29, 2016.
