High Court directs ECI to hold RS elections for Kerala during present Assembly term
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EC’s choice to maintain the election course of in abeyance on a reference from the Union Ministry of Law and Justice amounted to exterior interference, the petitioner contended
The Kerala High Court on April 12 directed the Election Commission of India (ECI) to take expeditious steps to full the elections to the three Rajya Sabha seats from Kerala which can fall vacant on April 21, earlier than May 2.
Justice P.V. Asha noticed that when the Election Commission had itself admitted that it was duty-bound to full the election course of on the earliest it was acceptable that expeditious steps be taken by the EC “to complete the elections to the vacant seats before another electorate comes into existence on May 2”.
The court docket added that the EC, which was totally conscious of its responsibility conferred below Article 324 of the Constitution of India in its true spirit, due to this fact had to expedite the proceedings in order to see that the illustration within the Upper House from Kerala was at all times in full swing and to keep away from a scenario the place the nomination is made by the prevailing Assembly and voting by one other Assembly.
The court docket issued the directives whereas disposing of writ petitions by Kerala Legislative Assembly Secretary and S. Sarma MLA difficult the Election Commission’s choice to maintain in abeyance the proceedings for the proposed election to three vacancies from the State within the Rajya Sabha.
The EC had submitted that the elections could be held during the tenure of the present Assembly. It had additionally submitted that in truth, it had obtained a authorized opinion from a senior lawyer suggesting that the election to the three vacant Rajya Sabha seats be performed after the structure of the brand new Legislative Assembly. However, it had chosen not to go by the authorized recommendation.
The EC was of the view that elections must be held in time. It had been determined to announce and notify the schedule of the election earlier than the expiry of the term of the retiring members on April 21. The fixing of schedule of the elections was completely throughout the area of the EC. No physique might dictate that or not it’s held on a specific date.
The petitioners contended that the EC’s choice to maintain the election course of in abeyance on a reference from the Union Ministry of Law and Justice amounted to the exterior interference with the Commission within the conduct of the election. The subservience of the Commission to the Union Executive violated the Commission’s independence assured by the Constitution, the petitioners contended.
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