Thread by @barandbench

Election Commission will notify the Rajya Sabha elections for 3 vacancies from Kerala (that will arise later this month on the retirement of the MPs) prior to the expiry of the term of these 3 MPs i.e. before April 21, 2021, #KeralaHighCourt told.

@ECISVEEP

Adv Deepu Lal Mohan (for EC) says that the reason why HC was moved was because the earlier notification was kept in abeyance.

A revised election schedule will be issued. At this moment, it cannot be speculated when it will be scheduled, but it will be before April 21, he adds

Senior Advocate CS Vaidyanathan, for the petitioner, argues that the Election Commission must disclose why the initial date for the Rajya Sabha elections was reconsidered in the first place and what reference of the Law Ministry was involved.

#KeralaHighCourt

CS Vaidyanathan: What are the circumstances that are weighing with them that is not enabling them to take a decision is not disclosed... This, to me, is rather mysterious.

#KeralaHighCourt
#RajyaSabha

Vaidyanathan: I do not see what he is withholding. The President has been issuing ordinances, a new CJI appointment has been announced, both ECI and the President are available. I don't know why they are delaying the process

@ECISVEEP

#KeralaHighCourt
#RajyaSabha

Deepu Lal Mohan: It is within the exclusive domain of the election commission. Commission, in its wisdom, announced the first date, it is now revised...Let the schedule come

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#RajyaSabha

Justice PV Asha: What will be the minimum time for completing the process?

Mohan: That cannot be announced ...That is provided in the Act itself... for each stage. It is according with that..ECI cannot go beyond that

#KeralaHighCourt
#RajyaSabha

Vaidyanathan says that ECI's discretion under Art 324 is subject to statutory time limitations

Vaidyanathan: They are excising power in a completely arbitrary fashion... What made them do this? They can’t merely say that they will issue the notification at any date they choose.

Deepu Lal Mohan is now reading case law on elections to the #RajyaSabha.

#KeralaHighCourt

Mohan says that it is within the ECI's domain to issue the revised schedule.

Mohan adds: The reasons for the postponement may also be there (in the revised schedule). If at that stage, they are aggrieved then they can change

#RajyaSabha.
#KeralaHighCourt

Court asks Mohan what were the reasons for the initial postponement.

Justice Asha: They (petitioner) say it is on the basis of a letter from the Ministry...

Mohan: The Ministry will not have any say in the manner or time schedule

#RajyaSabha.
#KeralaHighCourt

Mohan: It (elections) will be announced. In the announcement, the reasons will be spelt out.

Court: According to you, it (reasons) may not be disclosed

Mohan: At this stage (it cannot be disclosed)

He reiterates that it will be disclosed in the announcement

#KeralaHighCourt

Mohan: The earlier press release was kept in abeyance... Press note did contain a statement that reference has been received (from the Union Ministry).. (however, my instructions are that) the central ministry or any other ministry has no say

#KeralaHighCourt
#Rajyasabha

Mohan: There may be various factors, that will be spelt out in the announcement.

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#Rajyasabha

Vaidyanathan: What were the extraordinary circumstances for keeping in abeyance is not disclosed. there is a total lack of transparency. it is an unreasoned order. This order will have to go.

#KeralaHighCourt
#Rajyasabha

Advocate Navaneeth urges the #KeralaHighCourt to direct the ECI to produce all relevant records pertaining to the earlier decision to keep in abeyance the #Rajyasabha elections

We are entitled to know, he argues.

CORRECTION: The above submission was by Senior Advocate NN Sugunapalan

Mohan says that before the revised election schedule is issued, it is mere assumptions as to what will be the date etc.

#KeralaHighCourt
#Rajyasabha

Vaidyanathan: Kindly note that the counsel for the ECI fairly states he doesn't know the reason why it was kept in abeyance, therefore he cannot appraise the court. Therefore all the more reason that the records of the EC must be (given to the court)

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#Rajyasabha

#Breaking: #KeralaHighCourt asks Election Commission of India to file a statement on the reasons for earlier postponing the Rajya Sabha elections for vacancies that would arise upon the retirement of 3 Kerala MPs on April 21, 2021. Matter posted on Friday

@ECISVEEP
#RajyaSabha

Justice PV Asha: Furnish the reasons which are with you. if I direct to get the files, it will take more time. You can file a statement on the reasons.

#KeralaHighCourt
#RajyaSabha

Court takes on record submission by Election Commission that it would notify the Rajya Sabha elections before April 21, 2021, and also submissions by petitioners that no reasons have been given by ECI for earlier postponement.

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#RajyaSabha

"Therefore, there shall be a direction for the respondent to file a statement disclosing the reasons based on which it was decided to postpone the elections."

@ECISVEEP

#KeralaHighCourt
#RajyaSabha

Court also notes submission by the petitioner that the ECI had referred to a Law & Justice Ministry reference being under examination while informing of decision to keep in abeyance the Rajya Sabha polls.

Matter posted for the day after tomorrow.

#KeralaHighCourt
#RajyaSabha