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Kerala HC directs EC to hold poll for Rajya Sabha seats before May 2
It is not immediately known whether the EC will approach the Supreme Court to challenge the HC verdict.
The Kerala High Court on Monday directed the Election Commission of India to conduct elections to three Rajya Sabha seats that are falling vacant on April 21 before the announcement of assembly elections results on May 2. The EC is yet to react to the HC’s directive.
The petitioners have welcomed the HC verdict. “We are happy the court upheld our rights,” said one of the petitioners and CPI(M) legislator S Sharma.
The single bench headed by Justice PV Asha delivered the verdict on two petitions filed by CPI(M) legislator S Sharma and the secretary of the legislative assembly SV Unnikrishnan Nair. The court, in its verdict, observed that the sitting legislative assembly has the right to elect members of the seats falling vacant in the upper house. It is not immediately known whether the EC will approach the Supreme Court to challenge the HC verdict.
The court has rejected EC’s contention that voting can be done after the constitution of the new assembly and observed that current members of the legislative assembly will have the right to vote.
Earlier, the CPI(M) legislator and the secretary of the assembly had moved the court challenging the EC’s decision to keep in abeyance election to three Rajya Sabha seats.
Three RS members - Abdul Wahab (Muslim League), KK Ragesh (CPI(M) and Vayalar Ravi (Cong) - will retire this month. Going by the present strength of the house, the ruling Left Democratic Front will get two and Congress-led UDF one seat.
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The EC maintained that since elections were over, three seats can be filled by the new assembly which was challenged by the CPI(M). Earlier, the ED had proposed elections on April 12 but it was later deferred citing the assembly elections.
It maintained that there was no obligation to hold elections during the term of the present assembly but petitioners challenged it saying it was an encroachment on their rights.
