Thrituvananthapuram :The Central Election Commission’s decision to freeze election proceedings pertaining to to 3 Rajya Sabha seats from Kerala, is both unconstitutional and undemocratic, said CPI(M) State Secretariat in its press release. Freezing of election proceedings after notification for RS polls and commencement of nomination filings amount to infringement on rights of incumbent legislators.
The Election Commission that ought to function in fairness and independently should not create situations where it makes decisions under the influence from outside. That will mount doubt on constitutional establishments in the minds of public. The Rajya Sabha elections for the three seats in question were held after notification duly published in 2016. Notification for RS elections this time were published similarly on 24 March.
The notice published by the Returning Officer states the deadline for submitting nomination papers as March 31st 2021, up to 3 pm. It further states election date as scheduled for 12 April. And, freezing of election procedures in the midst of all this is dubious.
There should be no interference to conduct of elections once the procedures are set in motion. There are a number of Supreme Court rulings to that effect. When an Election Commission that’s obliged to carrying out constitutional duties conducts itself in unconstitutional manner, the act amounts to undermining democracy itself. The Election Commission should withdraw its decision to freeze election proceedings and protect rights of the Legislative Assembly and its members, the Secretariat urged in the statement.
