EC set to defer elections to 4 RS seats

Sanjeev Pargal

JAMMU, Jan 10: Leader of Opposition in Rajya Sabha Ghulam Nabi Azad, former Chief Minister of Jammu and Kashmir and PCC (I) chief Prof Saif-ud-Din Soz will cease to be the members of Parliament’s Upper House on February 12 as no elections will be held to the Rajya Sabha to fill four vacancies from Jammu and Kashmir, which were due in first week of February as Governor NN Vohra has placed the Assembly under suspended animation following imposition of Governor’s Rule in the State.
Official sources told the Excelsior that the Election Commission of India, responsible for holding elections to Rajya Sabha through the Legislative Assembly Secretariat, will defer the elections for an indefinite period and take a decision on holding them only after Governor’s Rule is revoked, new Government is constituted and newly elected 87 MLAs take oath in the Assembly.
As all four Rajya Sabha members from Jammu and Kashmir—two each from National Conference and Congress—the coalition partners in previous dispensation were retiring on February 12, there will be no representation from Jammu and Kashmir in Upper House in upcoming budget session of Parliament starting third week of February.
Sources said the Election Commission had to hold elections to four seats of Rajya Sabha from Jammu and Kashmir in first week of February so that new members take oath on or before February 12. A notification for the elections is issued about a fortnight in advance. All 87 elected members of the Assembly formed electoral college for four seats of Rajya Sabha while the Assembly Secretary is designated as Returning Officer for the elections.
Four members of the Rajya Sabha from Jammu and Kashmir, who are retiring on February 12 included Ghulam Nabi Azad and Saif-ud-Din Soz (both from Congress), Mohammad Shafi Uri and Ghulam Nabi Ratanpuri (both from National Conference).
Both Uri and Ratanpuri had contested last year’s Assembly elections on National Conference mandate from Uri and Pulwama Assembly constituencies respectively. While Uri won the seat after losing two successive elections from Uri in 2002 and 2008 defeating Cabinet Minister and Congress leader Taj Mohi-ud-Din and former IGP Retired Raja Aijaz Ali of PDP, Ratanpuri had lost in Pulwama.
Sources said Azad would be hit hard by delay in the Rajya Sabha elections as he could lose the important post of the Leader of Opposition in the Rajya Sabha. As budget session of Parliament is commencing in third week of February, the Congress would be left with no option but to designate a new Leader of Opposition in the Rajya Sabha. The names already being discussed among the Congress circles included former Defence Minister AK Antony and former Commerce Minister Anand Sharma among others.
Sources pointed out that even when the elections are held, there was no certainty of Congress getting any member elected to the Rajya Sabha unless it becomes part of a coalition Government with the PDP, the chances of which are remote, or it joins hands with NC. The NC and Congress together with 27 MLAs can get one member elected to the Rajya Sabha if PDP and BJP formed coalition Government.
However, PDP and BJP as coalition partners can get three out of four seats of Rajya Sabha. PDP and BJP along with 28 and 25 members can win one seat each of Rajya Sabha safely. However, NC and Congress alone can’t win any seat of the Rajya Sabha but together they can manage one seat easily. In view of differences between the two parties, their joining of hands for the Rajya Sabha seat seems remote possibility. However, political equations can change if BJP joins hands with the PDP for formation of new Government.
Sources said the Election Commission would take a decision on holding Rajya Sabha elections for four seats only after Governor’s Rule is revoked, a new Government is in place and the newly elected MLAs take oath. Till the MLAs take oath, they are not eligible for voting for Rajya Sabha or MLC elections.
However, as far as the filling up of MLC vacancies are concerned, most of them will arise in March-April though some of the vacancies already exist. As new Government is expected to be in place, the vacancies of MLCs can be filled well in time if everything goes well, sources said.