Consequent to the direction by the Kerala High Court's directive on Monday to hold the biennial election to the Rajya Sabha from the Kerala Legislative Assembly before May 2, the Election Commission of India (ECI) fixed April 30 as the date of polling to elect the three members to the Upper House from the State.
The ECI had announced earlier that the election to the three Rajya Sabha seats falling vacant from the State would be held on April 12 but deferred the election citing the legislative Assembly poll scheduled for April 6.
Justice PV Asha while disposing of the petition filed by Secretary of the Kerala Legislative Assembly and S Sarma, a CPI(M) leader, challenging the ECI decision to defer the polls to Rajya Sabha said it was for the present House to elect the three members in lieu of the vacancies to be caused by the April 21 retirement of three members.
“It is up to the ECI to fix the schedule of election. But that does not mean that the Commission could fix any date,” said Asha.
On April 21, three MPs, Abdul Wahab of Muslim League, Vayalar Ravi of the Congress and KK Ragesh, the CPI(M)’s intellectual face in New Delhi are completing their tenure and retiring from the Upper House.
If only the election is held before May 2, 2021, the CPI(M) could send two of its nominees to Rajya Sabha. The Congress-led UDFF has already announced that Wahab would be the Front’s nominee.
The petitioners asserted that Section 12 of the RPA 1951 envisaged completion of the entire process of election before the actual retirement so as to fill up the seats as soon as the seats became vacant, particularly since Article 83 provided that the council of States is a continuing body.
Judge Asha said that the intention was not to keep the seat unfilled but to complete the process of election before the retirement of the members so as to have the full strength of the members of the Upper House represent the State. A different view is warranted only when there is any law and order situation or any practical impossibility, the judge said.
