In pursuance of section 67 of the Representation of the People Act

## Report on Declaration Regarding Election to the Council of States from West Bengal **1. Executive Summary:** This report analyzes a notification from the Ministry of Law and Justice, Legislative Department, published in the Gazette of India on August 3, 2021. This notification declares the election of Jawhar Sircar to the Council of States from West Bengal, filling the vacancy created by the resignation of Shri Dinesh Trivedi. The core purpose is to officially announce the elected candidate and provide general information regarding the election process. **2. Introduction:** This report aims to provide a detailed overview of the declaration published in the Gazette of India on August 3, 2021, regarding the election of a member to the Council of States from West Bengal. The analysis is based solely on the information provided in the policy text. **3. Policy Overview:** This is not a new policy but rather a declaration made under the existing framework of the Representation of the People Act, 1951. * **Core Objective(s):** Based on the provided text, the core objective is to officially declare the name of the candidate elected to fill a vacant seat in the Council of States. It serves to inform the public of the outcome of the bye-election. **4. Background and Rationale:** This is a specific declaration following an election. The reason for the election is the resignation of Shri Dinesh Trivedi from his seat in the Council of States, which created a vacancy that needed to be filled via a bye-election. **5. Key Provisions / Changes:** This document functions as a declaration following an election rather than establishing new provisions. Its key function is to officially communicate the result of the bye-election. The declaration specifies: * The seat in the Council of States from West Bengal that fell vacant. * The reason for the vacancy: the resignation of Shri Dinesh Trivedi. * The date the vacancy occurred: February 12, 2021. * The candidate elected to fill the vacancy: Jawhar Sircar. * The political party that sponsored the candidate: All India Trinamool Congress. * The legal basis for the declaration: Section 67 and Section 53 of the Representation of the People Act, 1951 and Rule 11 of the Conduct of Elections Rules, 1961. **6. Target Audience and Stakeholders:** Based on the provided text, the target audience and stakeholders include: * The general public (for general information). * The elected members of the Legislative Assembly of West Bengal (who participated in the election). * The Election Commission of India (responsible for conducting the election). * Jawhar Sircar (the elected candidate). * All India Trinamool Congress (the sponsoring party). **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Law and Justice, Legislative Department, is responsible for issuing the notification. The Returning Officer (specified as "Sd Returning Officer") is responsible for conducting the election and declaring the result. * **Timelines/Procedures:** The notification refers to the Representation of the People Act, 1951, and the Conduct of Elections Rules, 1961, suggesting that the election and declaration were conducted according to the procedures outlined in these legal documents. The declaration was made on August 2, 2021, and published on August 3, 2021. **8. Expected Outcomes / Impact of Changes:** The intended outcome is to officially recognize and legitimize the election of Jawhar Sircar to the Council of States. This declaration enables him to assume his responsibilities as a member of the Council. It also ensures transparency and public awareness regarding the outcome of the bye-election. **9. Conclusion:** The notification published in the Gazette of India on August 3, 2021, serves as an official declaration of the election of Jawhar Sircar to the Council of States from West Bengal. This declaration is significant as it fills a vacancy created by the resignation of Shri Dinesh Trivedi and allows the newly elected member to represent the state in the Council of States. The declaration adheres to the legal framework established by the Representation of the People Act, 1951, and the Conduct of Elections Rules, 1961, ensuring a transparent and legitimate election process.

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