## Report on Election Commission of India Notification Regarding Council of States Election for Kerala (2021)
**1. Executive Summary:**
This report analyzes a notification issued by the Election Commission of India on April 13, 2021, regarding the election of members to the Council of States (Rajya Sabha) from the State of Kerala. The notification outlines the schedule for the election process, including dates for nomination, scrutiny, withdrawal of candidatures, polling (if necessary), and completion of the election. The key finding is the establishment of a concrete timeline for the electoral process, ensuring a timely and orderly election to the Council of States.
**2. Introduction:**
This report aims to provide a detailed overview of the Election Commission of India's notification published on April 13, 2021, concerning the election to the Council of States for the State of Kerala. The analysis focuses solely on the information contained within the provided text of the notification.
**3. Policy Overview:**
This is a new policy notification outlining the schedule for an election. The core objective, as stated in the text, is to facilitate the election of members to the Council of States from Kerala, in accordance with Section 39 and Section 56 of the Representation of the People Act, 1951.
**4. Background and Rationale:**
The notification stems from the President of India's call, under Section 12 of the Representation of the People Act, 1951, for the elected members of the Legislative Assembly of Kerala to elect members to the Council of States, due to existing members retiring. The notification addresses the practical requirements for executing that call by defining the specific dates for each key step in the process of electing new members.
**5. Key Provisions / Changes:**
This is a new policy notification outlining the schedule for an election, and as such, the key provisions are as follows:
* **Appointment of Dates:** The notification formally appoints the following dates for specific actions:
* April 20, 2021 (Tuesday): Last date for making nominations.
* April 21, 2021 (Wednesday): Date for the scrutiny of the nominations.
* April 23, 2021 (Friday): Last date for the withdrawal of candidatures.
* April 30, 2021 (Friday): Date on which a poll shall be taken, if necessary.
* May 03, 2021 (Monday): Date before which the election shall be completed.
* **Polling Hours:** If a poll is necessary, the hours for polling are fixed as 09:00 am to 04:00 pm on the specified date (April 30, 2021).
* **Reference to Legal Framework:** The notification refers to Section 12, Section 39 and Section 56 of the Representation of the People Act, 1951 as the basis for the election process and the powers of the Election Commission.
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholders directly affected by this notification include:
* Elected members of the Legislative Assembly of Kerala.
* Potential candidates for the Council of States election.
* The Election Commission of India.
* Political parties operating in Kerala.
* Citizens of Kerala interested in the electoral process.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency:** The Election Commission of India is the responsible agency for overseeing the election, as explicitly stated in the notification.
* **Timelines:** Specific timelines are established for nomination, scrutiny, withdrawal, polling (if necessary), and completion of the election, as detailed in Section 5. These timelines provide a clear framework for the electoral process. The notification dictates that all activities must be completed before May 3rd, 2021.
* **Procedures:** The notification implies that standard election procedures will be followed, although specific details of these procedures are not outlined in the provided text.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome is a fair, transparent, and timely election of members to the Council of States from the State of Kerala. The precise scheduling of each step aims to minimize ambiguity and ensure the election is conducted in an orderly manner. The notification provides clarity to stakeholders, especially potential candidates and the elected members of the Legislative Assembly, regarding key deadlines and responsibilities.
**9. Conclusion:**
The Election Commission of India's notification of April 13, 2021, is a critical document for the election of members to the Council of States from Kerala. By establishing clear timelines and referencing the relevant legal framework, the notification provides a structured framework for the electoral process and contributes to the effective functioning of India's parliamentary system. The notification’s significance lies in ensuring the timely and orderly filling of seats in the Council of States, contributing to the continued representation of the State of Kerala in the Indian Parliament.
Key Entities Referenced
Election Commission of India: The organization issuing the notification regarding elections to the Council of States.
Council of States: The upper house of the Parliament of India, to which members are to be elected as per the notification.
Representation of the People Act, 1951: The Act of Parliament under which the notification for elections to the Council of States is issued (Section 12).
President of India: The head of state who issued a notification under the Representation of the People Act, 1951, to call upon elected members of the Legislative Assembly to elect members to the Council of States.
Legislative Assembly of Kerala: The state legislative body whose elected members are called upon to elect members to the Council of States.
Kerala: The state for which the election to the Council of States is being conducted.
Suman Kumar Das: The Secretary who signed the order on behalf of the Election Commission of India.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
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असाधारण
EXTRAORDINARY
भाग II—खण्ड 3—उप-खण्ड (iii)
PART II—Section 3—Sub-section (iii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 26] िई दिल्ली, मगं लर्ार, अप्रलै 13, 2021/चत्रै 23, 1943
No. 26] NEW DELHI, TUESDAY, APRIL 13, 2021/CHAITRA 23, 1943
भारत जिर्ाचा ि आयोग
अजधसचू िा
िई दिल्ली, 13 अप्रैल, 2021
आ.अ. 28(अ).—यतः, भारत के राष्ट्रपजत िे लोक प्रजतजिजधत्र् अजधजियम, 1951 (1951 का 43) की
धारा 12 के अधीि िारी, और तारीख 13 अप्रैल, 2021 को भारत के रािपत्र में प्रकाजित अजधसूचिा द्वारा िीचे
की सारणी के स्ट्तम्भ (2) में जर्जिर्िष्टा राज्य की जर्धाि सभा के जिर्ााजचत सिस्ट्यों स े यह अपेक्षा की ह ै दक र्े उक्त
सारणी के स्ट्तम्भ (3) म ें राज्य के सामिे जर्जिर्िष्टा संख्या में सिस्ट्य जिर्ााजचत कर ि:ें
सारणी
क्र. स.ं राज्य भरे िाि े र्ाल े स्ट्थाि
(1) (2) (3)
1. केरल 03
अतः, अब उक्त अजधजियम की धारा 39 की उप-धारा (1) और धारा 56 के अिुसरण में भारत जिर्ााचि
आयोग एतद्द्वाराः-
(अ) उक्त जिर्ााचि के संबंध में जिम्नजलजखत जिधााररत करता हःै -
(क) िाम जििजे ित करिे की अजततम तारीख - 20 अप्रलै , 2021 (मगं लर्ार)
2240 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(iii)]
(ख) िाम जिििे िों की संजर्क्षा की तारीख - 21 अप्रलै , 2021 (बुधर्ार)
(ग) अभ्यर्थाताए ं र्ापस लेिे की अंजतम तारीख - 23 अप्रलै , 2021 (िुक्रर्ार)
(घ) र्ह तारीख, जिसको यदि आर्श्यक हुआ तो मतिाि होगा, - 30 अप्रैल, 2021 (िुक्रर्ार), और
(ङ) र्ह तारीख जिससे पूर्ा जिर्ााचि सम्पन्न करा जलया िाएगा - 03 मई, 2021 (सोमर्ार), और
(आ) 9.00 बि े पूर्ााह्ि से 4.00 बि े अपराह्ि तक का समय, ऐसे समय के रूप म ें जियत करता ह ै जिसके
िौराि यदि आर्श्यक हुआ तो, उक्त जर्जिर्िष्टा तारीख को, मतिाि होगा।
[फा. सं. 318/रा.स.-केरल/2021 (1)]
आििे स,े
सुमि कुमार िास, सजचर्
ELECTION COMMISSION OF INDIA
NOTIFICATION
New Delhi, the 13th April, 2021
O.N. 28(E).—Whereas, the President of India has, by notification issued under Section 12 of the
Representation of the People Act, 1951 (43 of 1951) and published in the Gazette of India on 13th April, 2021 been
pleased to call upon the elected members of the Legislative Assembly of the State, specified in column (2) of the
TABLE below, to elect to the Council of States, the number of members specified against that State in column (3) of
the said TABLE:
TABLE
Sl. No. (1) Name of State No. of members retiring
(2) (3)
1. Kerala 03
Now, therefore, in pursuance of sub-section (1) of Section 39 and Section 56 of the said Act, the Election
Commission of India hereby-
(A) appoints, with respect to the said election;
(a) the 20th April, 2021 (Tuesday), as the last date for making nominations;
(b) the 21st April, 2021 (Wednesday), as the date for the scrutiny of the nominations;
(c) the 23rd April, 2021 (Friday), as the last date for the withdrawal of candidatures;
(d) the 30th April, 2021 (Friday), as the date on which a poll shall, if necessary, be taken; and
(e) the 03rd May, 2021 (Monday), as the date before which the election shall be completed; and
(B) fixes the hours from 09:00 am to 04:00 pm, as the hours during which the poll shall, if necessary, be taken
in the above mentioned State on the date specified above for the election.
[F. No. 318/CS-KL/2021(1)]
By Order,
SUMAN KUMAR DAS, 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.