Home India Ministry of Law and Justice Declaration of bye election result to the council of states ...
Date: 2021-09-28 Category: Extra Ordinary State: Union Government Country: India

Declaration of bye election result to the council of states by the elected member of the Legislative Assembly of Madhya Pradesh

Issued by Ministry of Law and Justice · Legislative Department

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Executive Summary & Key Takeaways

## Report on Notification Regarding Bye-Election to the Council of States from Madhya Pradesh **1. Executive Summary:** This report analyzes a notification from the Ministry of Law and Justice, Legislative Department, Government of India, dated September 27, 2021. The notification pertains to the declaration of Dr. L. Murugan's election to the Council of States (Rajya Sabha) from the State of Madhya Pradesh following a bye-election. The vacancy arose due to the resignation of Shri Thawarchand Gahlot. The core purpose is to officially declare the election result for general information, in accordance with the Representation of the People Act, 1951 and the Conduct of Elections Rules, 1961. **2. Introduction:** This report aims to provide a comprehensive overview of the notification S.O. 4016(E), issued by the Ministry of Law and Justice, Legislative Department, regarding the bye-election to the Council of States from Madhya Pradesh. The analysis is based solely on the content of the provided policy text. **3. Policy Overview:** * This notification is connected to the Representation of the People Act, 1951, specifically section 67 and section 53 subsection 2, as well as Rule 11 of the Conduct of Elections Rules, 1961. * **Core Objective:** To formally declare and publicize the name of the candidate elected to fill the vacant seat in the Council of States from Madhya Pradesh, ensuring transparency and adherence to legal requirements under the Representation of the People Act. **4. Background and Rationale:** This notification pertains to an election held to fill a vacancy in the Council of States. The vacancy arose due to the resignation of Shri Thawarchand Gahlot on July 7, 2021, before the expiration of his term, which was to end on April 2, 2024. This necessitates a bye-election to maintain representation for the State of Madhya Pradesh in the Council of States. **5. Key Provisions / Changes:** This notification is a *declaration* of an election result, not an amendment. Therefore, it does not change any existing policy, but rather implements established electoral processes. * **Specific Change (If it were an Amendment):** Not Applicable, as this is not an amendment. * **New Rule/Provision (If it were an Amendment):** Not Applicable, as this is not an amendment. * **Difference/Effect (If it were an Amendment):** Not Applicable, as this is not an amendment. The key provision of this notification is the formal declaration that: * Dr. L. Murugan, residing at F3, Aarthi Flats, No. 353, Gujji First Street, Annanagar East, CHENNAI-600102, and sponsored by the Bharatiya Janata Party, has been duly elected to fill the vacancy caused by the resignation of Shri Thawarchand Gahlot. **6. Target Audience and Stakeholders:** Based on the provided text, the directly affected stakeholders include: * **Dr. L. Murugan:** As the newly elected member of the Council of States. * **Members of the Legislative Assembly of Madhya Pradesh:** As the elected members who participated in the bye-election. * **The State of Madhya Pradesh:** Which gains representation in the Council of States through the election. * **General Public:** For whom the declaration is published for general information. * **Bharatiya Janata Party:** The party sponsoring the winning candidate. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** * Ministry of Law and Justice, Legislative Department is responsible for issuing the notification. * The Returning Officer, located at Madhya Pradesh Vidhan Sabha Bhawan, Bhopal, oversaw the election process and signed the declaration. * The Election Commission of India (inferred) conducted the election. * **Timelines/Procedures:** * The election was held after the seat became vacant on July 7, 2021. * The declaration was issued on September 27, 2021. * The notification is to be published in the Gazette of India. * **Implementation Aspects related specifically to the changes (If it were an Amendment):** Not Applicable, as this is not an amendment. **8. Expected Outcomes / Impact of Changes:** Since this notification declares an election result and is not a new policy, the expected outcome is the filling of the vacant seat in the Council of States with a duly elected representative. This ensures continued representation for the State of Madhya Pradesh and maintains the balance of power within the Council. **9. Conclusion:** The notification S.O. 4016(E) formally declares the election of Dr. L. Murugan to the Council of States from Madhya Pradesh, filling the vacancy created by the resignation of Shri Thawarchand Gahlot. The declaration is a routine but important step in the democratic process, ensuring proper representation and adherence to the Representation of the People Act, 1951. The publication in the Gazette of India signifies the official recognition of the election result.

Key Entities Referenced

Council of States: A house of the Parliament of India where members are elected by the elected members of the Legislative Assembly of the States and by an electoral college for the Union Territories. State of Madhya Pradesh: A state in India from which a member was elected to the Council of States due to a vacancy. Representation of the People Act, 1951: An act of the Parliament of India that regulates the conduct of elections to the Houses of Parliament and the Legislative Assembly and Legislative Councils of each State. Shri Thawarchand Gahlot: Individual who resigned from the Council of States, creating the vacancy. Dr. L. MURUGAN: The candidate who was elected to fill the vacancy in the Council of States. Bharatiya Janata Party: The political party that sponsored Dr. L. Murugan's election. Madhya Pradesh Vidhan Sabha Bhawan, Bhopal: Location where the declaration of election was made. Bhopal is the capital city of Madhya Pradesh. Conduct of Elections Rules, 1961: Rules pertaining to the conduct of elections in India, referenced in the declaration.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एलxx.x-GअID.-E2x8xx0 92021-230009 CG-DL-E-28092021-230009 असाधारण EXTRAORDINARY भाग II—खण्ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 3682] नई ददल्ली, मगं लिार, जसतम्ब र 28, 2021/आज‍ि न 6, 1943 No. 3682] NEW DELHI, TUESDAY, SEPTEMBER 28, 2021/ASVINA 6, 1943 जिजध और न्याय मत्रं ालय (जिधायी जिभाग) अजधसचू ना नई ददल्ली, 27 जसतम्ब र, 2021 का.आ. 4016(अ).—लोक प्रजतजनजधत्ि अजधजनयम, 1951 (1951 का 43) की धारा 67 के अनुसरण म,ें जनम्नजलजखत घोषणा, जिसमें ऐसे अभ्यथी का नाम अंतर्विष्ट ह,ै िो मध्य प्रदेि राज्य से राज्य सभा सदस्ट्य श्री थािरचंद गहलोत के, उनकी पदािजध के अिसान के पूिव, िो तारीख, 02 अप्रैल, 2024 को सजम्मजलत करत े हुए 02 अप्रैल, 2024 तक थी, त्यागपत्र के कारण 07 िुलाई, 2021 को ररक्त हुए स्ट्थान को भरन े के जलए जनिाजव चत हुआ ह,ै सिवसाधारण की िानकारी के जलए प्रकाजित की िाती ह ै :-- घोषणा मध्य प्रदिे की जिधान सभा के जनिावजचत सदस्ट्यों द्वारा राज्य सभा के जलए उपजनिावचन। ''जनिावचनों का संचालन जनयम, 1961 के जनयम 11 के उपजनयम (1) के साथ परित लोक प्रजतजनजधत्ि अजधजनयम, 1951 की धारा 53 की उपधारा (2) म ेंअंतर्विष्ट उपबंधों के अनुसरण में, मैं घोषणा करता ह ंदक— डा. एल.मुरुगन नाम एफ- 3, आरथी फ्लैट्स, न0 353, गुज्जी फस्ट््व स्ट्री्, पता अन्नानगर (ईस्ट््), चेन्नई- 600102 5508 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] िो भारतीय िनता पा्ी (मान्यताप्राप्त/रजिस्ट्रीकृत रािनीजतक पा्ी का नाम) द्वारा खडे दकए गए हैं, उस सदन में श्री थािरचंद गहलोत के त्यागपत्र के कारण हुई ररजक्त को भरने के जलए सम्यक् रूप से जनिाजव चत हो गए ह।ैं तारीख : 27 जसतंबर, 2021 स्ट्थान : मध्य प्रदेि जिधान सभा भिन, भोपाल, ह./- रर्र्ननग आदफसर।'' [फा. सं. एच-11024/4/2021-जि. 2] डा. री्ा िजिष्ट, अपर सजचि MINISTRY OF LAW AND JUSTICE (Legislative Department) NOTIFICATION New Delhi, the 27th September, 2021 S.O. 4016(E).––In pursuance of section 67 of the Representation of the People Act, 1951 (43 of 1951), the following declaration containing the name of the candidate elected to fill the seat in the Council of States from the State of Madhya Pradesh that fell vacant on 07th July, 2021 by reason of resignation of Shri Thawarchand Gahlot, before the expiration of his term of office which was up to and including 02nd April, 2024, is published for general information:- DECLARATION Bye-Election to the Council of States by the elected members of the Legislative Assembly of Madhya Pradesh. “In pursuance of the provisions contained in sub-section (2) of Section 53 of the Representation of the People Act, 1951, read with sub-rule (1) of Rule 11 of the Conduct of Elections Rules, 1961, I declare that:- Dr. L. MURUGAN Name F-3, Aarthi Flats, No. 353, Gujji First Street, Address Annanagar (East), CHENNAI-600102 Sponsored by Bharatiya Janata Party (name of the recognized/registered political party), has been duly elected to fill the vacancy caused in that House by the resignation of Shri Thawarchand Gahlot having become vacant. Date : the 27th September, 2021 Place: Madhya Pradesh Vidhan Sabha Bhawan, Bhopal, Sd/- Returning Officer.” [F. No. H-11024/4/2021-Leg.II] Dr. REETAVASISHTA, Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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