Kerala High Court orders Election Commission to hold Rajya Sabha elections for three seats before expiry of tenure of current assembly on May 2

The Kerala High Court has ordered the Election Commission of India to hold elections to fill up three Rajya Sabha seats from the State before May 2, 2021 when the present assembly's tenure will expire with the declaration of election results. .The order was passed by Justice PV Asha on a plea which sought the completion of the Rajya Sabha election process during the term of the incumbent CPI (M)-led Kerala Legislative Assembly, which may change in May when the results of the recently concluded Assembly elections will be announced.During the hearing of case, the ECI had assured the Court that the Rajya Sabha Polls would be held during the currency of the present regime, although a specific date for the polls was not disclosed.."When the Election 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 May 2, 2021," the Court ordered. .Three seats from Kerala in the Rajya Sabha will fall vacant on April 21 when IUML's Abdul Wahab, CP(I)M's KK Ragesh and Congress' Vayalar Ravi will retire.Apprehensions had been raised that the ECI had taken the decision to keep in abeyance the elections for these three Rajya Sabha seats on account of interference by the Union Law Ministry. Objection was registered that the incumbent 14th Kerala Legislative Assembly may not be able to vote on the next three Rajya Sabha members from Kerala as it may be dissolved by then..The Court, however, did not agree with this line of argument. "As pointed out by the learned ASGI, it cannot be said that the Government of India wanted to influence the Commission. As argued by all the learned Senior Counsel including the Counsel for the Commission and the learned ASGI, Election Commission of India which is conferred with wide powers and entrusted with onerous duties enjoined under Article 324 is not expected to be influenced on the basis of a reference," the judgment said. .All the same, it ruled that while fixing of election schedule is completely within the purview of Election Commission, postponement of election is not envisaged either in the Constitution or in the rules, in the absence of good and sufficient reasons."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," the Court made it clear. .Despite such a duty, the Commission is yet to take any steps for filling up the vacancies at the earliest. "The fact that it is upto the Commission to fix the schedule of election would not mean that the Commission can fix any date," the Court underscored. .The Court, therefore, directed Election Commission to take steps to hold elections before May 2. .[Read Judgment]