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| Rajya Sabha polls | | Bhim files another petition before EC | | Early Times Report
Jammu, Feb 9-The Jammu and Kashmir National Panthers Party has filed a petition before the Chief Election Commission seeking deletion of Congress MLA Ghulam Nabi Azad’s name from the Rajya Sabha electoral college as he been elected unopposed for Rajya Sabha.
In his petition to Chief Election Commission, Prof Bhim Singh Chairman JKNPP said that since Azad has been elected to Rajya Sabha he seizes to be the member of the State Assembly hence his name should be deleted from the Rajya Sabha electoral college which is going to elect two vacant Rajya Sabha seats from the state in the biennial elections slated for February 13.
Prof Singh in his petition submitted that the Election Commission is conversant with the situation that has developed in Jammu and Kashmir following the election of two members of the Council of States (Rajya Sabha) from Jammu and Kashmir without any contest. In the two biennial election Ghulam Nabi Bhat (Azad), a sitting MLA, was declared elected as Rajya Sabha member by the Returning Officer on February 6 hence he seizes to be a member of the state assembly.
Prof Bhim has urged the Election Commission to delete the name of Azad from the electoral college of Jammu and Kashmir Assembly, for the ensuing February 13, 2009 election to the two seats of Council of States from Jammu and Kashmir as this has become mandatory and lawfully necessary in view of constitutional provisions and by operation of statute, J&K Representation of Peoples Act, 1951. The provision provides, "If a person already Member of State Assembly, is chosen a Member of Council of States, his seat in the State Assembly shall become vacant on the date on which he is so chosen". This provision corresponds to Section 69 of the J&K Representation of People Act, 1951, Bhim contended.
He said in the present case Ghulam Nabi Bhat (Azad) was declared elected unopposed by the Returning Officer, therefore, his seat in the state Assembly has fallen vacant w.e.f. February 6, 2009 when he was declared elected and a certificate was issued by the Returning Officer to him.
Bhim in his petition further submitted that the people of Jammu and Kashmir have been suffering for want of genuine electoral process for decades. It would be in the interest of credibility of the electoral process, respect for constitutional process and the laws that the needful in this case is done as expeditiously as possible, the petition added.
‘Participation of Azad in the election to the Council of States from J&K shall be illegal, unconstitutional, and improper and against the letter and spirit of the rule of law’, Bhim observed.
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