## Report on Election Commission of India Notification Regarding Council of States By-Election in Assam
**1. Executive Summary:**
This report analyzes a notification issued by the Election Commission of India (ECI) on September 15, 2021, regarding a by-election to fill a vacancy in the Council of States (Rajya Sabha) for the state of Assam. The vacancy arose due to the resignation of Shri Biswajit Daimary. The notification outlines the schedule and procedures for the by-election, including dates for nominations, scrutiny, withdrawal of candidatures, polling (if necessary), and completion of the election process. The key finding is that the ECI is adhering to the Representation of the People Act, 1951 in conducting the by-election.
**2. Introduction:**
This report provides an overview of the Election Commission of India's (ECI) notification dated September 15, 2021, concerning the by-election to the Council of States from Assam. The analysis is based solely on the provided text of the notification.
**3. Policy Overview:**
This is a notification regarding a specific by-election; hence this report does not pertain to the amendment of an existing policy, but rather the execution of existing laws and regulations regarding elections.
* **Core Objective(s):** The core objective, as inferred from the text, is to fill the vacancy in the Council of States for Assam in a timely and lawful manner, adhering to the Representation of the People Act, 1951. The objective is to enable the elected members of the Legislative Assembly of Assam to elect a new member to the Council of States.
**4. Background and Rationale:**
* **Likely Problem/Issue Addressed:** The notification addresses the procedural requirements triggered by the unexpected vacancy in the Council of States. The vacancy was caused by the resignation of Shri Biswajit Daimary before the expiration of his term, necessitating a by-election to ensure Assam's representation in the Council of States remains complete.
**5. Key Provisions / Changes:**
Since this is not an amendment, this section details the main components and actions mandated by the notification:
* **Call to Elect:** The ECI calls upon the elected members of the Legislative Assembly of Assam to elect a person to fill the vacant seat in the Council of States.
* **Appointment of Election Dates:** The ECI specifies the following dates:
* Last date for making nominations: September 22, 2021 (Wednesday).
* Date for scrutiny of nominations: September 23, 2021 (Thursday).
* Last date for withdrawal of candidatures: September 27, 2021 (Monday).
* Date for polling (if necessary): October 04, 2021 (Monday).
* Date before which the election shall be completed: October 06, 2021 (Wednesday).
* **Fixing of Polling Hours:** If a poll is necessary, the ECI fixes the hours for polling from 09:00 am to 04:00 pm on October 04, 2021.
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholders are:
* Elected members of the Legislative Assembly of Assam (MLAs).
* Potential candidates for the Council of States seat.
* The Election Commission of India.
* Political parties in Assam.
* The citizens of Assam, who are indirectly affected by their representation in the Council of States.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Election Commission of India (ECI) is the responsible body.
* **Timelines and Procedures:** The notification specifies a clear timeline for the election process, including nomination, scrutiny, withdrawal, and polling. The notification also refers to the Representation of the People Act, 1951, indicating that the by-election will be conducted in accordance with the provisions of that Act and the rules and orders made thereunder.
**8. Expected Outcomes / Impact of Changes:**
* **Likely Intended Outcomes:** The likely intended outcome is the timely and lawful election of a new member to the Council of States from Assam, ensuring that the state's representation in the upper house of the Indian Parliament is restored. This by-election will maintain the functionality of the Council of States.
**9. Conclusion:**
The Election Commission of India's notification outlines the process for filling a vacancy in the Council of States from Assam. The notification establishes a clear timeline and adheres to the provisions of the Representation of the People Act, 1951, ensuring a lawful and timely by-election. The by-election is crucial for maintaining Assam's representation in the Council of States and upholding the democratic process.
Key Entities Referenced
Election Commission of India: The organization responsible for conducting the election.
Biswajit Daimary: The individual whose seat in the Council of States became vacant due to resignation.
Council of States: The upper house of the Parliament of India, where a seat has become vacant.
Legislative Assembly of Assam: The state legislative assembly responsible for electing a member to the Council of States.
Assam: The state in India where the Legislative Assembly will elect a member to the Council of States.
Representation of the People Act, 1951: The act of Parliament under which the by-election is being conducted. Specific sections 147, 39, and 56 are mentioned.
06th October, 2021: The date before which the election shall be completed.
22nd September, 2021: The last date for making nominations for the by-election.
23rd September, 2021: The date for the scrutiny of nominations for the by-election.
27th September, 2021: The last date for the withdrawal of candidatures for the by-election.
04th October, 2021: The date on which a poll shall be taken, if necessary.
SUMAN KUMAR DAS: Secretary of the Election Commission of India
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-15092021-229660
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CG-DL-E-15092021-229660
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ऄसाधारण
EXTRAORDINARY
भाग II—खण् ड 3—ईप-खण्ड (iii)
PART II—Section 3—Sub-section (iii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 40] नइ ददल्ली, बुधर्ार, जसतम्ब र 15, 2021/भाद्र 24, 1943
No. 40] NEW DELHI, WEDNESDAY, SEPTEMBER 15, 2021/BHADRA 24, 1943
भारत जनर्ाचा न अयोग
ऄजधसचू ना
नइ ददल् ली, 15 जसतम्ब र, 2021
अ.ऄ. 42(ऄ).—यतः, ऄसम राज्य की जर्धान सभा के जनर्ााजचत सदस्ट्यों द्वारा राज्य सभा में जनर्ााजचत
श्री जबस्ट्र्िीत दैमारी का स्ट्थान जिनकी पदार्जध 09.04.2026 सजित ईस तारीख तक थी के समाप्त िोन े से पूर्ा ईनके
द्वारा त्यागपत्र दने े के कारण 10.05.2021 से ररक्त िो गया ि;ै और
यतः, आस प्रकार हुइ ररजक्त को भरने के प्रयोिन स ेईप-जनर्ााचन कराना ि;ै
ऄतः, ऄब लोक प्रजतजनजधत्र् ऄजधजनयम 1951 (1951 का 43) की धारा 147, धारा 39 की ईपधारा (1) और
धारा 56 के ऄनुसरण में भारत जनर्ााचन अयोग एतद्द्वारा
(ऄ) ऄसम राज्य की जर्धान सभा के जनर्ााजचत सदस्ट्यों स े यि ऄपक्षे ा करता ि ै दक र् े 06 ऄक्तूबर, 2021 स े पूर्ा तथा ईक्त
ऄजधजनयम और तद्धीन बनाए गए जनयमों और ईनके तित िारी दकए गए अदेिों के ईपबन्धों के ऄनुसार राज्य सभा
में ईक्त ररजक्त को भरन े के प्रयोिन से एक व्यजक्त जनर्ााजचत कर दें।
(अ) ईक्त जनर्ााचन के संबंध म:ें -
(क) नाम जनदेजित करने की ऄजन्तम तारीख – 22 जसतम्बर, 2021 (बुधर्ार);
(ख) नाम जनदेिन की संर्ीक्षा की तारीख – 23 जसतम्बर, 2021 (गुरुर्ार);
(ग) ऄभ्यर्थथताएं र्ापस लने े की ऄजन्तम तारीख – 27 जसतम्बर, 2021 (सोमर्ार);
5151 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(iii)]
(घ) र्ि तारीख जिसको यदद अर्श्यक हुअ तो मतदान िोगा – 04 ऄक्त ूबर, 2021 (सोमर्ार); और
(ड.) र्ि तारीख जिससे पूर्ा जनर्ााचन सम्पन्न करा जलया िाएगा – 06 ऄक् तूबर, 2021 (बुधर्ार); जनयत करता ि;ै
और
(आ) 09:00 बिे पूर्ााह्न से 04:00 बिे ऄपराह्न तक का समय ईस समय के रूप म ें जनयत करता ि ै जिसको, यदद
अर्श्यक हुअ तो, जर्जनर्ददष्ट तारीख को मतदान िोगा।
[फा. सं. 100/रा.स.-ऄसम/05/2021 (1)]
अदेि से,
सुमन कुमार दास, सजचर्
ELECTION COMMISSION OF INDIA
NOTIFICATION
New Delhi, the 15th September, 2021
O.N. 42(E).—WHEREAS, the seat of Shri Biswajit Daimary, in the Council of States, elected by
the elected members of the Legislative Assembly of Assam, has become vacant on 10.05.2021 by the
reason of his resignation, before the expiration of his term of office which was up to and including
09.04.2026; and
WHEREAS, a bye-election is to be held for the purpose of filling the vacancy so caused;
NOW, THEREFORE, in pursuance of Section 147, sub-section (1) of Section 39 and Section 56 of
the Representation of the People Act, 1951 (43 of 1951), the Election Commission of India hereby-
(A) calls upon the elected members of the Legislative Assembly of Assam to elect, before
06th October, 2021 and in accordance with the provisions of the said Act and of the rules and orders
made thereunder, a person for the purpose of filling the said vacancy in the Council of States;
(B) appoints, with respect to the said election;
(a) the 22nd September, 2021 (Wednesday), as the last date for making nominations;
(b) the 23rd September, 2021 (Thursday), as the date for the scrutiny of the nominations;
(c) the 27th September, 2021 (Monday), as the last date for the withdrawal of candidatures;
(d) the 04th October, 2021 (Monday), as the date on which a poll shall, if necessary, be taken;
and
(e) the 06th October, 2021 (Wednesday), as the date before which the election shall be
completed; and
(C) fixes the hours from 09:00 am to 04:00 pm, as the hours during which the poll shall, if necessary,
be taken on the date specified above for the election.
[F. No. 100/CS-AS/05/2021 (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.