Legal to carry Rajya Sabha election after new House takes oath: Election Commission to Kerala HC

The Election Commission Friday informed the Kerala High Court that it could be constitutional to announce the election for the state’s three Rajya Sabha seats after its new Legislative Assembly is shaped, as per the authorized opinion it had obtained.
It added that the Rajya Sabha election schedule could be notified earlier than the expiry of the time period of the state’s Upper House members from these seats on April 21.
Earlier this week, the bench of Justice P V Asha directed the EC to furnish an announcement on why it had saved in abeyance its earlier notification to conduct elections to the three Rajya Sabha seats.
The challenge got here up earlier than the High Court after CPI (M) legislator S Sharma challenged the EC determination. Sharma mentioned the ballot panel’s transfer would deny legislators of the present Assembly their proper to vote.
The assertion submitted by the fee’s standing counsel, Deepu Lal Mohan, mentioned the EC just isn’t involved with the query of which Legislative Assembly votes for the Rajya Sabha elections.
While the date of expiration of the present Assembly’s time period could also be a related issue for consideration, it can’t be the only foundation for figuring out the schedule, it mentioned.

The EC mentioned on March 23 that the Union Law Ministry had suggested that “if the elections (RS) are held on 12th April, as suggested, the popular will, which is already recorded in the ballot box consequent to the Assembly Elections already held on 6th April, it may not reflect the will of the people”.

In view of the above, the Ministry urged the ballot fee to revisit the difficulty.
And vonsidering the difficulty of propriety raised by the Law Ministry, the fee determined to maintain in abeyance the publication of notification for the election of three RS members from Kerala.