Kerala HC directs EC to hold polls for three Rajya Sabha seats before tenure of current Assembly ends

Kochi: The Kerala High Court on Monday directed the Election Commission to hold the biennial election to the three Rajya Sabha seats from Kerala from the present state Assembly. “It is seen that at least after it arrived at the decision that it is its duty to see that the vacancies are filled up at the earliest, the Commission is yet to take any steps for the same,” it said. “When the Commission itself has admitted that it is duty-bound to conduct the election and complete the process at the earliest, it is only appropriate that it takes expeditious steps without further delay to complete the election before another electorate comes into existence on 2 May, 2021,” Justice PV Asha said in the order. The court delivered the judgment in the pleas filed by the State Legislative Assembly and ruling CPM in the state, challenging the EC’s decision to keep in abeyance proceedings for the proposed election to three vacancies from the state in the Rajya Sabha. In its order, the court noted that the Commission is vested with wide powers and it is incumbent on the Commission to act fairly and legally as Article 324 is geared to the accomplishment of free and fair elections expeditiously. “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. Last Friday, the Election Commission had informed the Kerala High Court that it had decided to announce and notify the schedule of the biennial election to the three Rajya Sabha seats from Kerala before the expiry of the term of the three MPs on 21 April. In its statement filed in the court, the commission, however, had not mentioned the date of holding the elections to the three Rajya Sabha seats. Three MPs from Kerala —Abdul Wahab of the IUML, KK Ragesh (CPM) and Vayalar Ravi (Congress)—are retiring on 21 April. Earlier, the court had directed the commission to file the statement informing its decision on holding the Rajya Sabha elections. In the statement, the commission had said the decision to keep in abeyance the proceedings for the election was taken considering an issue of propriety raised by the Ministry of Law and Justice. The EC said the Ministry had opined it would be constitutionally just and proper that the new Assembly, whose elections are being held and polling would conclude on 6 April, which is before the expiry of the term of three members of Rajya Sabha from Kerala (on 21 April), should constitute the electoral college for filling the three vacancies. According to the Commission, the law ministry has said, “In this case, if the elections to elect new Members to the Council of States are held on 12 April, 2021 as suggested, the popular will, which is already recorded in the ballot box consequent to the Assembly Elections already held on 6 April 2021, it may not reflect the will of the people”. In their pleas, the state Legislative Assembly and ruling CPM in the state, challenged the EC’s decision to keep in abeyance proceedings for the proposed election to three vacancies from the state in the Rajya Sabha. The elections to the three seats from Kerala falling vacant were to be held on 12 April. The poll panel had initially announced that the elections for the three seats will be held on 12 April but later the commission said it is being kept in abeyance following a communication received from the Union Ministry of Law and Justice.