The Gazette of India
EXTRAORDINARY
PART II—Section 3-Sub-section (iii)
PUBLISHED BY AUTHORITY
No. 12] NEW DELHI, SATURDAY, MARCH 27, 1982/CHAITRA 6, 1904
T HE GAZETTE OF INDIA : EXTRAORDINARY [PART I I - S E C. 3(iiij]in pursuance of the provisions of sub-section (1) of (lection 39 of the said Act appointed the various dates for the con- duct of those elections ;
And whereas atfer the dissolution of the Legislative Assembly of Kerala by the Governor, the President has. by his reclamation issued under Article 356 of the Constitution, dissolved the Legislative Assembly of Keralu on 17th March, 1982, bringing the State under the President's rule ;
And whereas consequent upon, tb* dissolution of the State Legislative Assembly of Kerala, there are no elected mem- bers of the Legislative Assembly of Kerala at present whose names can be included in the list of elected membera re- quired to be maintained under section 152 of the said Act till the new Assembly in the said State of Kerala has been duly constituted in terms of section 73 of the said Act;
And whereas the Returning Officer has failed to hold the scrutiny of nominations on 18th March. 1982, in terms of section 36 of the said Act and has not carried out the further requirements of the .^aid Act nnd particularly those of sections 37 and 38 of the said Act rend with rules 10 and 11 of the Conduct of Elections Rules 1961 ;
And whereas due to non-existcncc of the list of elected members under section 152 of the said Act in respect of the State of Kerala, the poll cannot be taken on tho 27th March, 1982, and the election cannot be completed before the 30th March, 1982, i.e. the respective dates fixed for the above purposes ;
Now, therefore, in exeicisc of the powers conferred by Article 324 of the Constitution, section 153 of the Repre- sentation of the People Act, 1951, read with section 39 (1) of that Act, section 21 of the General Clauses Act, 1897 (10 of 1897) and all other powers enabling it in that behalf the Commission hereby postpones the date lor the scrutiny of nomination^, the last date for the withdrawal of candi- datures and the date of poll and extends the date of com- pletion of the election as specified in clauses (b), (c), (d) and (e) respectively, of its abovo said notification No. 318/82 (1) dated the 10th March, 1982, for the biennial election to the Council of States in respect of the State of Kerala and for that purpose make* the following amendments therein :—
For the existing clauses (b), (c), (d) and (e) in so far a? they relate to the biennial election from the State of Kerala the following clauses shall be substituted nnd shall Do deemed to have been so substituted from the 18th March 1982, namely :—
"(b) 1st April, 1982 (Thursday), as the date for the
scrutiny of nominations ;
(c) 3rd April, 1982 (Saturday), as the date for the ELECTION COMMISSION OF INDTA
withdrawal of candidatures 3
NOTIFICATION
New Delhi, the 26th March, 1982
(d) such date for taking the poll, if necessary as may bo fixed by the Election Commission subsequent to the due constitution of the new Legislative Assembly in the State of Kerala in terms of section 73 of the Representation of the People Act, 1951 ; and
;
- as may be fixed by the Election Commission after it becomes feasible to fix the date of poll to be specified under clause (d) above. ' [No. 318/KL/82] O.N. 23(E>.—Whereas the President by his nolificalion No. F. t3 (l)|82-Leg. II dated the 10th March, 1982, issued under section 12 of the Representation of the People Act, 1951 (43 of 1951), was pleased to call upon among the States referred to in the said notification also the elected members of the Legislative Assembly of Kerala to elect three members from the State of Kerala to the Council of States for filling the seats of such of the members as would be retiring on 2nd April, 1982, on the expiration of their term of office; By order, And whereas Hfter the Election Commission has, by its ' notification No. 318/82(1) dated the 10th March, 1982, K. GANESAN, Secy, Flection Commission of India ↩