The Election Commission on Tuesday deferred the Rajya Sabha polls scheduled for March 26 due to lockdown in view of the coronavirus spread. The EC will review the situation after March 31.
The decision comes just a day after Parliament was adjourned sine die on the same grounds. While 37 Rajya Sabha members have already been elected unopposed, poll was to elect 18 others.
The seats include four each in Gujarat and Andhra Pradesh, three each in Rajasthan and Madhya Pradesh, two in Jharkhand and one each in Manipur and Meghalaya. Another bypoll was announced later to fill the vacancy caused by resignation of BJP MP Birender Singh.
The deferment will reduce RS size, but there is no legal binding that all RS seats should be occupied at all times.
“The prevailing unforeseen situation of public health emergency indicates the need for avoidance of possibilities of gatherings of any nature, which expose all concerned to possible health hazard,” the EC said in a note.In its order, the EC said it has reviewed the situation in detail and the public health emergency indicates the need for avoidance of possibilities of gatherings of any nature, which expose all concerned to possible health hazard.”The poll process in the elections would necessarily include the gathering of polling officials, agents of political parties, support officials and members of respective Legislative Assemblies on the poll day, which may not be suitable in view of the prevailing unforeseen situation and related advisories in the country,” the EC noted.Section 153 of the Representation of the People Act, 1951 specifies that the Election Commission for reasons which it considers sufficient, may extend the time for the completion of any election by making necessary amendments in the notification issued by it under section 30 or sub-section (1) of section 39; and accordingly, the Election Commission has deferred the poll and extended the period of the Rajya Sabha election.The list of contesting candidates, already published for the said elections by the respective Returning Officers shall remain valid for the purposes of remaining activities, as prescribed under the said notification, the EC said”Fresh date of poll and counting for the said biennial elections shall be announced in due course after reviewing the prevailing situation,” it said. The EC on February 24 had announced the polls in 55 seats from 17 States to the Upper House and on March 18, on the last date of withdrawal. The election was to be completed as earlier announced by the commission was March 30.