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Hold polls for 3 RS seats before May 2: Kerala HC to EC
Allowing the petitions of CPI(M) legislator S Sharma and assembly secretary SV Unnikrishnan Nair, the single judge bench of Justice PV Asha said that the elections should be held during the term of the present assembly.
The Kerala high court on Monday directed the Election Commission of India to conduct elections to three Rajya Sabha seats, falling vacant on April 21, before the results of the recently concluded assembly polls are announced on May 2.
Allowing the petitions of CPI(M) legislator S Sharma and assembly secretary SV Unnikrishnan Nair, the single judge bench of Justice PV Asha said that the elections should be held during the term of the present assembly.
In its order, the court noted that it is incumbent on the Commission to act fairly, urging it to avoid a situation where the nominations for the three seats are made by the existing assembly and voting is done by another.
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“The Commission, which is fully aware of its duty conferred under Article 324 of the Constitution of India in its true spirit, has therefore to expedite the proceedings so as to see that the representation in the upper House from the State of Kerala is always in full swing and to avoid situations as pointed out by the learned senior counsel for the petitioners, where the nomination is made by the existing assembly and voting by another assembly,” it said.
Sharma and Nair, through their petitions, challenged the EC decision to defer the elections which were initially scheduled for April 12.
Last Friday, the Election Commission informed the Kerala high court that it had decided to announce and notify the schedule of the biennial election to the Rajya Sabha seats before the expiry of the term of the three MPs.
The three Rajya Sabha members, PV Abdul Wahab (Indian Union Muslim League), KK Ragesh (Communist Party of India-Marxist) and Valayar Ravi (Congress), will retire on April 21.
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In its statement filed in the court, the commission, however, did not mention the date of holding the elections to the three Rajya Sabha seats.
The commission said that the decision to keep the proceedings in abeyance was taken after a communication from Union ministry of law and justice which said that it would be constitutionally just and proper that the new Assembly should constitute the electoral college for filling the three vacancies.
According to the Commission, the Ministry said, “In this case, if the elections to elect new Members to the Council of States are held on April 12, 2021 as suggested, the popular will, which is already recorded in the ballot box consequent to the Assembly Elections already held on April 6 2021, it may not reflect the will of the people”.
The EC maintained that there was no obligation to conduct elections during the term of the present assembly but the petitioners challenged it saying it was an encroachment on their rights.
Welcoming the high court verdict, Sharma said, “We are happy the court upheld our rights.”
It was not immediately known whether the EC will approach the Supreme Court to challenge the high court verdict.
(With agency inputs)
