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Postpone Rajya Sabha Polls on Center Reference: HC Seeks Election Commission Opinions | India News


KOCHI: The Kerala High Court asked the Election Commission of India to respond to a petition submitted by the secretary of the Kerala Legislative Assembly seeking a directive to hold elections to three Rajya Sabha seats that became vacant on the 21 April during the term of the current legislative assembly.
Judge PV Asha asked the electoral commission to respond after considering the petition submitted through defender V Manu.
Of the 9 seats, the terms of Vayalar Ravi, KK Ragesh and PV Abdul Wahab will expire on April 21. On March 17, the electoral commission announced that the election of these three seats will take place from April 12 to 16.
But on March 24, the electoral commission announced that the election is on hold pending the examination of the reference received from the Ministry of Law and Justice.
The petition said that the agency entrusted with the task of holding elections to the legislatures must be completely isolated so that it can function as an independent agency free from external pressure from the executive in office.
In the performance of its functions, the electoral commission has to act on its own and should not be subject to the control of any other body, it is argued.
The petition alleges: “The act of the Electoral Commission to suspend the process of the elections to the Council of States amounts to the subordination of the Commission to the Executive of the Union in violation of its independence, which independence and isolation of the executive interference is a mandate of the Constitution. ”
Apart from the incorrectness, it is inadmissible for the electoral commission to delay the fulfillment of its essential constitutional mandate to hold elections on time, at the request of the ministry, according to the petition.
Such movement violates the requirement of transparency in the functioning of the constitutional body, the petitioner has alleged.

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