Publication of Notification regarding declaration of Rajya Sabha bye election to the one seat of the Council of States elected by the members of Legislative Assembly of Kerala

## Policy Analysis Report: Declaration Regarding Election to the Council of States from Kerala **1. Executive Summary:** This report analyzes a notification from the Ministry of Law and Justice, Legislative Department, published in the Gazette of India on November 30, 2021. This notification concerns a declaration regarding the election of Jose K. Mani to the Council of States from the State of Kerala, filling a vacancy created by his own prior resignation. The core purpose is to officially declare the election result for general information, pursuant to the Representation of the People Act, 1951. The report highlights the legal basis for the declaration, the individual elected, and the circumstances surrounding the vacancy. **2. Introduction:** The purpose of this report is to provide an informative analysis of the notification published in the Gazette of India on November 30, 2021, concerning the election to the Council of States from Kerala. This analysis is based solely on the information provided within the notification text. **3. Policy Overview:** This notification pertains to the *implementation* of the Representation of the People Act, 1951. * **Core Objective(s):** The objective is to officially declare the election of a candidate to fill a vacant seat in the Council of States, ensuring transparency and adherence to the legal framework governing elections. This is inferred from the direct statement of purpose within the text, explicitly referencing Sections 66 and 67 of the Representation of the People Act, 1951. **4. Background and Rationale:** This isn't a new policy, but rather an *implementation* action under an existing law. The rationale for the notification is the vacancy in the Council of States seat from Kerala due to the resignation of Shri Jose K. Mani. The election was held to fill this vacancy, and the notification serves to publicly announce the result. The vacancy occurred before the expiration of Mr. Mani's term which was due to end on July 1, 2024, indicating a need to fill the seat promptly through a by-election. **5. Key Provisions / Changes:** This is *not* an amendment; it's an official declaration of an election result. Therefore, the relevant provision is the declaration itself. * **What the provision establishes:** The notification declares that Jose K. Mani has been duly elected to fill the vacancy caused by his own resignation in the Council of States representing Kerala. * **Key information:** It provides Jose K. Mani's name, address (Karingozhackal House, Vellapad, Pala P O., Kottayam Dist Kerala) and the name of the political party sponsoring him (Kerala Congress M). * **Difference/Effect:** The declaration formalizes the election result, allowing Mr. Mani to assume his position in the Council of States and represent the State of Kerala. It informs the public of who now holds the seat. **6. Target Audience and Stakeholders:** The primary target audience is the general public of India, as indicated by the publication in the Gazette of India for "general information". Secondary stakeholders include: * **Jose K. Mani:** The elected candidate, who is directly affected by the declaration. * **Elected members of the Legislative Assembly of the State of Kerala:** As they conducted the election to the Council of States. * **Kerala Congress (M):** The political party that sponsored the candidate. * **The Election Commission of India:** Responsible for overseeing the election process (although not directly mentioned in the text, it is implied). **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Law and Justice, Legislative Department, is responsible for issuing the notification. The "Returning Officer" (unnamed) is responsible for the declaration itself, indicating they oversaw the election process. The Dte. of Printing at Government of India Press and the Controller of Publications, Delhi are responsible for the physical publishing of the Gazette. * **Timelines/Procedures:** The notification is dated November 30, 2021, and refers to the election held to fill a vacancy that occurred on January 11, 2021. The declaration itself is dated 29.11.2021. This implies a timeline of approximately 10.5 months between the vacancy and the declaration of the election result. The procedures followed are those outlined in the Representation of the People Act, 1951, and the Conduct of Elections Rules, 1961, specifically Sections 66 and 67, and rule 84(1)(a) respectively. **8. Expected Outcomes / Impact of Changes:** The intended outcome is to ensure the representation of the State of Kerala in the Council of States is complete and legitimate. The impact of the declaration is the formal seating of Jose K. Mani in the Council of States, enabling him to participate in legislative processes and represent the interests of Kerala. **9. Conclusion:** The notification published on November 30, 2021, officially declares the election of Jose K. Mani to the Council of States from Kerala, filling a vacancy created by his own prior resignation. This declaration ensures compliance with the Representation of the People Act, 1951, and maintains the full representation of Kerala in the Council of States. It signifies the completion of the election process following the vacancy.

Key Entities Referenced