ECI Biennial Elections to the Council of States NCT of Delhi & Sikkim

Organisation : Election Commission of India ECI
Announcement : Biennial Elections to the Council of States from NCT of Delhi & Sikkim
Applicable State/UT : NCT of Delhi and Sikkim
Election Date : 19th January, 2024 (Friday)
Website : https://www.eci.gov.in/

ECI Biennial Elections to the Council of Delhi & Sikkim

The term of office of 4 members of the Council of States (Rajya Sabha) elected from Sikkim and National Capital Territory of Delhi is due to expire on their retirement as under
State/Union Territory : NCT of Delhi
Name of Member :
1. Sh. Sanjay Singh
2. Sh. Sushil Kumar Gupta
3. Sh. Narain Dass Gupta
Date of retirement : 27.01.2024

Related / Similar Election : ECI Bye Elections to the Legislative Councils of Telangana & Uttar Pradesh

State/Union Territory : Sikkim
Name of Member : 1. Sh. Hishey Lachungpa
Date of retirement : 23.02.2024

Schedule of Delhi & Sikkim Biennial Elections

The Election Commission has decided to hold the Biennial Elections to the Council of States from Sikkim and NCT of Delhi in accordance with the following schedule
1. Issue of Notifications 2nd January, 2024 (Tuesday)
2. Last date of making nominations 9th January, 2024 (Tuesday)
3. Scrutiny of nominations 10th January, 2024 (Wednesday)
4. Last date for withdrawal of candidatures 12th January, 2024 (Friday)
5. Date of poll 19th January, 2024 (Friday)
6. Hours of poll 09.00 am to 04.00 pm
7. Counting of Votes 19th January,2024 (Friday) at 05.00 pm
8. Date before which election shall be completed 23rd January, 2024 (Tuesday)

Instructions of Delhi & Sikkim Biennial Elections

** The National Capital Territory of Delhi has been allocated three seats in the Rajya Sabha, which are presently held by Sh. Sanjay Singh, Sh. Sushil Kumar Gupta and Shri Narain Dass Gupta, whose terms of office will expire on27rh fanuary,2024. Thus, biennial elections are due to be held to fill all the above mentioned three vacancies arising on 27th January, 2024, on a regular basis.

** These three vacancies are being filled by holding three separate elections, in accordance with the law on the subject, as each of these three vacancies fell under three different cycles, which were determined at the time of the initial constitution of the Rajya Sabha in 1952 itself.

The decision of the Commission to hold three 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 three 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, 1.994, holding, inter alia, as follows:
“We are of the view that once the seats have been divided into the three categories from the inception, the Respondents were right in holding separate elections for each category. Now these three seats fall in three separate categories, so elections to these three seats have to be also separate”.

** In accordance with the law so laid down by the Delhi High Court, the aforesaid three seats, now due to fall vacant in the Rajya Sabha on 27th |anuary, 2024 from the National Capital Territory of Delhi, will also be filled by holding three separate biennial elections to fill one seat each.

** Further, the term of office of the members to be elected to the Council of States from the National Capital Territory of Delhi shall be subject to the decision of the Hon’ble Supreme Court in SLP(C) No. 17L23 /201,5 [Election Commission of India Vs Devesh Chandra Thakur & Others).”