KOCHI: It is the members of the Legislative Assembly who will be formed on the basis of the election held on April 6th who have to vote in the Rajya Sabha polls, Election Commission informed the Kerala high court.
Responding to petitions filed by the secretary of Legislative Assembly and S Sharma MLA seeking a directive to conduct the Rajya Sabha polls during the term of the current Legislative Assembly, the Election Commission said Rajya Sabha polls cannot be linked to the Assembly’s term.
In a statement filed to the court, the Election Commission said the electoral college to elect the three Rajya Sabha members is the members of the Legislative Assembly. As the election to the Legislative Assembly was held on April 6th, it is the newly-elected members of the Assembly who have to vote for selecting the Rajya Sabha members, the court was told.
New Legislative Assembly members electing the Rajya Sabha members would be the correct action constitutionally. Allowing the members of the present Legislative Assembly would not be in tune with the will of the people, Election Commission has submitted.
The court was also informed that the announcement for conducting the Rajya Sabha polls was put on hold to seek legal opinion. The Election Commission has the duty to announce the schedule of the election before the terms of the Rajya Sabha members expire and it will do so, Election Commission told the court. The court has now reserved the case for pronouncing its judgment.