KOCHI: The Kerala High Court has asked Election Commission of India to respond to a petition filed by Kerala Legislative Assembly secretary seeking a directive to conduct elections to three Rajya Sabha seats falling vacant on April 21st during the term of the current legislative assembly.
Justice PV Asha asked the election commission to respond after considering the petition filed through advocate V Manu.
Out of the 9 seats, terms of Vayalar Ravi, KK Ragesh, and PV Abdul Wahab are due to expire on April 21st. On March 17th, the election commission announced that the election to these three seats will be held from April 12th to 16th.
But on March 24th, the election commission announced that the election is put on hold pending examination of the reference received from Ministry of Law and Justice.
The petition said the agency that is entrusted with the task of holding elections to the legislatures should be fully insulated so that it can function as an independent agency free from external pressures from the executive of the day.
While discharging its duties, the election commission has to act on its own and should not be amenable to the control of any other body, it is contended.
In the petition, it is alleged, “The act of the Election Commission in keeping in abeyance the proceedings of elections to the Council of States amounts to subservience of the Commission to the Union Executive in violation of its independence, which independence and insulation from executive interference is mandated by the Constitution.”
Apart from the impropriety, it is impermissible for the election commission to delay the discharge of its essential constitutional mandate of conducting the elections on time, at the instance of the ministry, the petition said.
Such a move breaches the requirement of transparency in the functioning of the constitutional body, the petitioner has contended.