NEW DELHI : The reasons arrayed by Centre and Election Commission(EC) for postponing Rajya Sabha during current Assembly term is violation of The Representation of People Act. The Law unequivocally states when Rajya Sabha members are due to retire, it is the incumbent Lok Sabha that must elect their replacements, said former Lok Sabha Secretary General PDT Achari. At no point does the law state for Rajya Sabha elections to be put off because State Assembly elections might be ongoing.
If a vacancy be created owing to death or resignation of a Rajya Sabha(RS) member, the election to that seat may be conducted in six months from incident and if the pending term be lesser than a year, the election may be avoided altogether. However when RS members retire naturally from their term ending, elections must held 3 months before such retirement. Also, it is the existing Lok Sabha of the time that elects the newcomers to those seats. The Representation of People Act dated 1951 has been adhered meticulously to up to now and although the law underwent several amends, there has been no argument or change to this provision, said PDT Achari.
The argument that it would not be possible presently to express will of the people, does not hold water. The Election Commission does not have to compulsorily go by advice from the Law Ministry. EC as an agency established to function as per dictates of the constitution. The Election Commission should not stand to diminish its own credibility, said PDT Achari.
