Key Points

Srinagar, Sep 24 (IANS) The Election Commission of India (ECI) on Wednesday announced the schedule for the biennial election for 4 vacant seats to the Rajya Sabha from Jammu and Kashmir (J&K). The Rajya Sabha elections could not be held in J&K in February 2021 as the Union Territory was under President’s Rule and the Assembly had been dissolved.

The ECI notification issued today said, “The term of office of 4 members of the Council of States (Rajya Sabha) elected from erstwhile State of Jammu and Kashmir has expired on their retirement

“The erstwhile State of Jammu and Kashmir has been bifurcated into the Union Territories of Jammu and Kashmir (with Iegislature) and Ladakh (without legislature).

“The Jammu and Kashmir Reorganisation Act, 2019: As per Section 9 of the said Act, 4 sitting members of the Council of States representing the existing State of Jammu and Kashmir shall be deemed to have been elected to fill the seats allocated to the Union Territory of Jammu and Kashmir, as specified in the First Schedule to said Act.

“All 4 above-mentioned seats are lying vacant since the expiration of term of office of sitting members due to non-availability of required electorate to conduct the said elections at the time of occurrence of said vacancies.

“Consequent upon the constitution of the State Legislative Assembly of UT of Jammu and Kashmir, there is required electorate to conduct the Biennial Elections to the Council of States from the UT of Jammu and Kashmir in accordance with the following schedule: Issue of Notifications 6th October, 2025 (Monday). Last date for making nominations 13th October 2025 (Monday). Scrutiny of nominations 14th October, 2025 (Tuesday). Last date for withdrawal of candidatures 6th October, 2025 (Thursday). Date of poll 24th October, 2025 (Friday). Hours of poll 9 A.M. to 4 P.M. Counting of Votes 24th October, 2025 (Friday) at 5 P.M. Date before which election shall be completed 28th October, 2025 (Tuesday).

“These 4 vacancies in accordance with the law are being filled by holding 3 separate elections, in the subject, as each of these 4 vacancies fell under 3 different cycles."

“In this context, it is stated that the decision of the Commission to hold separate elections was called in question before the Hon'ble Delhi High Court in Civil Writ Petition No.132 of 1994 (A.K. Walia Vs. Union of India and Others) on behalf of the Indian National Congress, contending that all the 3 vacancies should be filled by holding a common election as the elections to the Rajya Sabha are held under the system of proportional representation.

“The Hon'ble Delhi High Court, however, dismissed the petition, by its order dated 14th January, 1994, holding, inter alia, as follows: 'We are of the view that once the seats have been divided into the 3 categories from the inception, the Respondents were right in holding separate elections for each category.' Now these 3 seats fall in 3 separate categories, so elections to these 3 seats have to be also separate," the ECI notification said.

“In accordance with the law so laid down, the aforesaid 4 seats, already fallen vacant in the Rajya Sabha on 10.02.2021 and 15.02.2021, from UT of Jammu and Kashmir, will also be filled by holding three separate biennial elections.

“Further, the term of office of the members to be elected to the Council of States from the UT of Jammu and Kashmir shall be subject to the decision of the Hon'ble Supreme Court. in SLP No. 17123 /2015 (Election Commission of India Vs Devesh Chandra Thakur & Others).

“The Commission has directed that for the purpose of marking preference(s) on the ballot paper only integrated violet colour sketch pen(s) of pre-fixed specification, provided by the Returning Officer, shall be used. No other pen shall, under any circumstances, be used in the above said election.

“Adequate measures for close monitoring of the election process by appointing observer shall be taken to ensure free and fair election”, the notification said.

- IANS