Kerala High Court asks ECI to furnish reasons why it earlier postponed Rajya Sabha polls for 3 seats from Kerala

The Kerala High Court on Wednesday directed the Election Commission of India (ECI) to file a statement on the reasons why it had put on hold its earlier notification to conduct Rajya Sabha elections on April 12 for three seats from Kerala which will fall vacant on April 21 (S Sharma v. Chief Election Commission of India). .The direction came even as the ECI counsel, Advocate Deepu Lal Mohan, assured the Court that the Rajya Sabha elections will take place before the expiry of the term of the three Kerala MPs who are set to retire on April 21. .However, taking note of the petitioners' submissions that the ECI has not given any reasons for the earlier decision to postpone the elections either on affidavit or otherwise to the Court, Justice PV Asha today ordered:"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." .Senior Advocate CS Vaidyanathan, appearing for the petitioner-side, today pointed out that the President has been issuing ordinance and clearing appointments including that of Chief Justice of India. He argued that in failing to give reasons for the delay in notifying the elections, the ECI is exercising its powers in an arbitrary manner. "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...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....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.".Supporting Vaidyanathan's submissions, Senior Advocate NN Sugunapalan, urged the High Court to issue a direction so that the ECI produces all relevant records pertaining to their earlier decision while adding "we are entitled to know.".Advocate Mohan countered that the reasons would be spelt out once the ECI announces the revised schedule for the Rajya Sabha elections. Until then, the petitioners' arguments were premature and speculative, he contended. ."The reasons for the postponement may also be there (in the revised schedule). If at that stage, they are aggrieved then they can challenge," Mohan argued. ."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 Election Commission must be (given to the court)," Vaidyanathan told the Court, in turn. .The Court ultimately directed the ECI to file a statement on the reasons for its earlier decision to postpone the Rajya Sabha Polls. The Judge orally told the ECI's counsel,"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.".The Court today also took on record the petitioners' submission as regards a reference made by the ECI to a communication by the Union Ministry of Law and Justice in its notification indicating that the Rajya Sabha polls are being deferred. .For the ECI, Advocate Mohan, however, assured the Court that no Ministry, including the Law Ministry, has any say in the manner in which elections are held or when the elections would be held. .While he admitted that there may have been a reference to a Law Ministry communication in the ECI's earlier notification, he added, on instructions, that there is no scope for the Ministry to have any say in the matter. .The matter will be heard next on Friday. .Rajya Sabha polls for 3 vacant seats will be held during currency of 14th Kerala Legislative Assembly: ECI to Kerala High Court.Three seats from Kerala in the Rajya Sabha will fall vacant on April 21 when IUML's Abdul Wahab, CP(I)M's KK Ragesh and Congress' Vayalar Ravi will retire..Apprehensions had been raised that the ECI had taken the decision to keep in abeyance the elections for these three Rajya Sabha seats on account of interference by the Union Law Ministry. Objection was registered that the incumbent 14th Kerala Legislative Assembly may not be able to vote on the next three Rajya Sabha members from Kerala as it may be dissolved by then.