The Election Commission of India (ECI) on Wednesday announced the by-elections for four Rajya Sabha seats from Jammu and Kashmir, and one seat in Punjab. Voting and counting for all five seats will be held on October 24. All four Rajya Sabha seats in Jammu and Kashmir have been vacant since February 2021, after the retirement of Ghulam Nabi Azad, Mir Mohammad Fayaz, Shamsher Singh, and Nazir Ahmed Laway.
As per the notice by the ECI, these four vacancies will be filled by holding three separate elections, in accordance with the law on the subject, as each of these four vacancies fell under three different cycles. In this context, it is stated that the decision of the Commission to hold separate elections was called in question before the Delhi High Court in 1994 on behalf of the Indian National Congress, contending that all three vacancies should be filled by holding a common election as the elections to the Rajya Sabha are held under the system of proportional representation.
The Delhi High Court, however, dismissed the petition, holding, inter alia, as follows: “We are of the view that once the seats have been divided into the three categories from the inception, the Respondents were right in holding separate elections for each category. Now these three seats fall in three separate categories, so elections to these three seats have to be also separate”, the ECI notification said. One Rajya Sabha seat in Punjab will undergo polling after Aam Aadmi Party (AAP) MP Sanjeev Arora resigned on July 1, without completing his term.
His term was set to be completed on April 9, 2028. For all five seats, the issue of notifications will take place on October 6. The last date for making nominations will be October 13. According to the Election Commission, the scrutiny of nominations will take place on October 14, and the last date for withdrawal of candidatures is October 16. The polling will take place between 9:00 am and 4:00 pm on October 24, with counting of votes starting at 5:00 pm on the same day.
