The three-member commission agreed on this after hectic discussions at its meeting here yesterday, election commissioner M S Gill told newspersons. As per the schedule, the notification will be issued on November 12, with the last date for nomination on November 19. The scrutiny will be on November 20. The last date for withdrawal is fixed for November 22 and polls, if necessary, will be held on November 29. The election process should be completed by December 2, he added.
He said of these 18 seats, 13 were in Uttar Pradesh, four in Jammu and Kashmir and one in Tamil Nadu.
Gill said it was a difficult job for the commission to take a decision on the question of holding biennial election for Rajya Sabha from Uttar Pradesh since the members have not yet taken oath and the House is in suspended animation. The decider was a similar case where the Supreme Court, in its judgement in the Pashupati Nath Sukul vs Nem Chandra Jain case held that we are of the view that an elected member who has not taken oath but whose name appears in the notification published under Section 73 of the act can take part in all non-legislative activities of an elected member. The right of voting at an election to the Rajya Sabha can also be exercised by him.
As regards the second question, of the legislative assembly being kept under suspended animation, the Assembly continues to exist in law. Therefore, elected representatives of such Assembly also continue to hold their position as members of legislative Assembly. Similarly, when the 1987 presidential election was held, the Punjab Assembly was in suspended animation but the members of that Assembly duly participated in the presidential election.
Gill said though Mayawati has resigned her Rajya Sabha seat, it has not been included in the current phase of election from Uttar Pradesh.
Apart from this, the commission will also hold one biennial election for a council seat for Pune which was vacated by Sharad Pawar after his election to the Lok Sabha. As per the latest amendment in the Representation of the People Act, it has became mandatory for the Commission to fill up the vacancies within six months. All these decisions were taken to meet the requirements of the Act.
He disclosed that at its meeting, the Commission also took up the complete minutes of the two earlier meetings held on September 28 and October 28 as these were being challenged by the chief election commissioner T N Seshan. They have now been duly passed and approved in toto following which all the major decisions taken at earlier meetings stand correct.