Kochi: The Election Commission (EC) made it clear in the high court that they received legal advice to postpone the election to the three vacant Rajya Sabha seats in Kerala. The Ministry of Law had advised that it was ethical to conduct the election to the vacant seats after the new government comes to power, the EC stated in an affidavit filed in the court.
The EC stated that the election will be notified before the term of current MPs ends. The tenure of the three Rajya Sabha MPs ends on April 21.
The court will give the final verdict after hearing the argument of the EC.
Though the EC had earlier declared that the election to the vacant RS seats will be held on April 12, but froze this decision later pointing out legal issues. The EC assured the high court that notification will be issued before the term of the MPs ends.
Rajya Sabha election can be conducted only after 19 days of issuing the notification. If the notification is issued just before April 21, then the election can be conducted only after 19 days. The assembly election result in Kerala will be announced on May 2.
With this, the current MLAs would not be able to cast vote in the Rajya Sabha election. The state government and the assembly secretariat pointed out this in the court. If the election is held early, the LDF can elect two members to the Rajya Sabha.
However, the Ministry of Law has advised the EC that the new government has the right to elect the members. Vayalar Ravi, K K Ragesh and P V Abdul Wahab are the Rajya Sabha MPs who will retire on April 21.
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