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New Delhi : The Election Commission of India (ECI) will hold the biennial election to the 9 vacant seats of Maharashtra legislative council on May 21, 2020. The counting of votes will take place the same day. The ECI has appointed Chief Electoral Officer, Maharashtra, as Observer for this election.
The Commission on May 1, 2020, reviewed the matter concerning feasibility of conduct of biennial election for the 9 vacant seats of the Maharashtra legislative council by MLAs in the state of Maharashtra. Sunil Arora, Chief Election Commissioner j(CEC), joined the meeting with Ashok Lavasa, Election Commissioner, and Sushil Chandra, Election Commissioner, over video call (from USA). Nine seats of MLC in Maharashtra fell vacant on April 24, 2020. The ECI had on April 3, 2020, issued an order under Article 324 to defer the elections till further orders in view of COVID-19 circumstances.
The ECI had received a letter on April 30, 2020, from the Chief Secretary, Maharashtra, in which, pointing out the various measures taken to control pandemic and that in the State Government’s assessment, elections to the nine seats of MLC by MLAs could be held in a safe environment. The State Government has assured the Commission that the State Government is fully committed to ensuring that the said elections are held in total hygienic conditions with social distancing measures and other conditions imposed by the competent authorities.
Citing the Union Home Ministry’s order dated April 29, 2020, concerning permitting the movement of migrant workers, pilgrims, tourists, students and other persons stranded due to lockdown orders, the State Government has reiterated that it will facilitate and ensure that the elections are conducted by following all directions in the matter.
The Commission also received a DO letter dated April 30, 2020, from the Governor, Maharashtra, addressed to the CEC indicating the feasibility of conducting elections in the State. In this connection, the Governor of Maharashtra has also mentioned that Udhav Balasaheb Thackeray was sworn in as the Chief Minister of Maharashtra on November 28, 2019, and pointed out that as per constitutional provisions he has to become a member of either the Maharashtra Legislative Assembly or Legislative Council within a period of six months i.e. on or before May 27, 2020. He has further stated that the ground level situation is contained and as of now appears to be improving with several relaxations being made by the Government. Hence keeping in view, the entire situation, the Election Commission has been requested to consider working out modalities to hold elections.
The Commission also took note of representations from various political parties– the Maharashtra Vidhanmandal Congress Paksh, the Shiv Sena Vidhi Mandal Paksh and the Rashtravadi Congress Party requesting Commission to conduct the said election.
While taking note of all the above, Commission reviewed the past precedents in such unforeseen situations. In cases of former Prime Ministers P V Narasimha Rao in 1991 and H D Deve Gowda in 1996; and several Chief Ministers of states (like Ashok Gehlot, Chief Minister Rajasthan in 1991; Rabri Devi, Chief Minister Bihar in 1997, Vijay Bhaskar Reddy, Chief Minister of Andhra Pradesh in 1993, Chief Minister Uttar Pradesh & 4 Ministers in 2017, and Chief Minister Nagaland in 2017), the Commission had conducted by-elections to fulfil similar constitutional requirement. Commission noted that this has been the consistent practice in the past, according to a PIB release.
The ECI also decided that the Union Home Secretary, who is Chairperson of National Executive Committee in ex-officio capacity under the Disaster Management Act, 2005, should depute an officer of suitable seniority to ensure that the preventive measures are put in place in keeping with the provisions of the said Act for the smooth conduct of the electoral process for the said election. It has also directed the Chief Secretary to depute an officer from the State to ensure that the extant instructions regarding COVID-19 are complied with while making arrangements for conducting the elections.