There are mixed views among experts on the possibility of the Election Commission of India (ECI) holding simultaneous polls to Lok Sabha and the Assemblies of the states, whose terms are ending either in the second half of 2018 or the first half of 2019, by invoking Section 14(2) in the Representation of the People Act, 1951. Since the Act empowers EC to hold elections to any state Assembly and Lok Sabha at any time earlier than six months prior to the date on which the duration of that particular House would expire without its dissolution, former Chief Election Commissioner VS Sampath told Express that the Section is a convenient one for the EC to avoid consequent polls if elections to any House falls within the “six months” period.
“It’s a mechanical provision. It can’t be taken for granted either for postponing or advancing the polls, unless the particular House is vacant or dissolved. EC can’t invoke this provision curtailing the respective terms of the House,” he said. He further felt that using this provision to hold simultaneous polls would not be democratic.
According to another argument, as present Lok Sabha’s term ends by June 3, 2019, the EC can hold Lok Sabha polls on any day after Dec 3, 2018, considering the “six m
onths” period. In case the EC wants to hold simultaneous polls to the legislatures of the eight states — Telangana, Andhra Pradesh, Arunachal Pradesh, Chhattisgarh, Madhya Pradesh, Rajasthan, Odisha and Mizoram — whose terms will end in this “six months” period (ie, either in the second half of 2018 or or first half of 2019), along with the LS, the EC needs to issue notification eight weeks ahead of that period. But, the EC cannot issue such notification for a House which is neither vacant, nor dissolved nor is scheduled to have election.
However, noted election expert KJ Rao, former advisor to the ECI, felt that concurrent elections can be held for the Houses, whose term is scheduled to end within a span of six months in order to avoid frequent elections. Section 14(2) in the Representation of the People Act, 1951, can be invoked to this purpose, he added.
6-month period the key
As per Section 14(2) in the Representation of the People Act, 1951, EC is empowered to hold elections to any State Assembly and Lok Sabha at any time earlier than six months prior to the date on which the duration of that particular House would expire, without its dissolution
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