ECI Biennial Elections to the Uttar Pradesh Legislative Council 2022

Organisation : Election Commission of India
Election Name : Biennial Elections to the Uttar Pradesh Legislative Council 2022
Applicable State/UT : Uttar Pradesh
Election Date : 09th April, 2022 (Saturday)
Website : https://eci.gov.in/files/file/14015-biennial-elections-to-the-uttar-pradesh-legislative-council-from-35-local-authorities%E2%80%99-constituencies-for-36-seats-due-to-retirement-of-sitting-members-on-07032022%E2%80%93rescheduled/

ECI Uttar Pradesh Legislative Council Biennial Election

Biennial Elections to the Uttar Pradesh Legislative Council from 35 Local Authorities’ Constituencies for 36 seats due to retirement of sitting members on 07.03.2022

Details of Uttar Pradesh Legislative Council Biennial Election

These elections will now be held after the completion of General Elections to Uttar Pradesh Legislative Assembly.

1. The elections to Uttar Pradesh (UP) Legislative Council (LC) from 35 Local Authorities’ Constituencies (LACs) for 36 seats due to fall vacant on 07.03.2022 on the retirement of the sitting members, were announced by the Commission vide its Press Note No. ECI/PN/13/2022 dated 28.01.2022. The said elections were to be conducted in 2 phases with scheduled poll dates of 3rd March for 29 constituencies & 7th March 2022 for 06 constituencies, keeping in view the schedule of the ongoing General Elections to Legislative Assembly in the State which are being conducted in 07 phases.

2. The Notification for these 29 Local Authorities’ Constituencies as listed in Annexure-‘A’ for Phase I of these elections was issued on 04.02.2022.

3. The Commission is in receipt of representations dated 04.02.2022 and 05.02.2022 from 2 National Parties, 1 State Party & 2 Registered unrecognized political Parties seeking reschedulment of Uttar Pradesh MLC elections and holding of these elections after the completion of General Elections to the UP Legislative Assembly. The Political Parties have, inter-alia, mentioned about difficulties in simultaneously carrying out their election management matters in the two elections viz.

General Elections to Uttar Pradesh State Legislative Assembly and Biennial election to Uttar Pradesh Legislative Council. They have mentioned that two elections of different nature may create confusion among the party workers and electors at large. They have also brought to the notice that the electors in MLC elections are party representatives who are actively engaged in the ongoing General Elections. For ensuring active participation of political parties in MLC elections, they have urged the Commission to re-schedule these MLC elections after the completion of General Elections to Uttar Pradesh Legislative Assembly.

4. On 04.02.2022, the Chief Electoral Officer, Uttar Pradesh informed that vide Gazette Notification dated 28.01.2022, the Government of UP has notified the poll dates of the 7 phases of the General Elections to the Uttar Pradesh Legislative Assembly as public holidays under the Negotiable Instruments Act, 1881 in the districts going to poll on the respective dates.

This, as per Section 30 of the Representation of the People Act, 1951 [R.P. Act, 1951], would require re-scheduling of date of scrutiny and other stages of election for 05 Local Authorities’ Constituencies out of 29 Local Authorities’ Constituencies being covered in Phase I as the date of scrutiny of nominations for Phase I of UP MLC elections i.e. February 14, has been declared a public holiday. Accordingly, this require rescheduling of MLC elections. The Commission is empowered to do so under Section 153 of the R.P. Act, 1951.

5. The Commission has considered the representations from various political parties. It has also considered the input from the CEO Uttar Pradesh which requires an amendment to the notification as mentioned in para-4 above. The Commission, in exercise of powers under Section 153 of the R. P. Act, 1951 read with Article 324 of the Constitution, has amended the notification dated 04.02.2022 as under:-

(a) In respect of the 29 Constituencies notified on 04.02.2022, the process of filing of nomination has been suspended w.e.f. 07.02.2022. It shall restart on 15.03.2022 as specified below:-
** 15th March, 2022 (Tuesday), as the restarting date of making nominations
** 19th March, 2022 (Saturday), as the last date for making nominations
** 21st March, 2022 (Monday), as the date for scrutiny of nominations
** 23rd March, 2022 (Wednesday), as the last date for withdrawal of candidatures
** 09th April, 2022 (Saturday), as the date on which polls, if necessary, shall be taken
** 12th April, 2022 (Tuesday), as the date on which counting of votes, if necessary, shall be taken
** 16th April, 2022 (Saturday), as the date before which election shall be completed

(b) It is clarified that the nomination papers that may have been filed in respect of any of the above mentioned constituencies on 4th & 5th of February, 2022 shall also be taken up along with other nomination papers that may be filed from 15.03.2022 to 19.03.2022.

Revised Schedule of Uttar Pradesh Biennial Election

The revised schedule of Uttar Pradesh Legislative Council Biennial Election for 06 Local Authorities’ Constituencies to be covered in Phase-II after withdrawing the earlier schedule shall be as under: