Two newly elected Rajya Sabha MPs from Haryana can’t cast Vote for next President of India: Advocate

The Fact News Service
Chandigarh, June 11

The two newly elected members of Council of States (Rajya Sabha) from the State of Haryana viz. Krishan Lal Panwar of BJP and  Kartik Sharma (real name Kartikeya Sharma) who has been elected as Independent would not be able to cast their Vote in July 18, 2022, scheduled Voting for 16th Presidential Election as announced by the Election Commission of India (ECI) earlier this week.

Sharing this interesting but vital information, Hemant Kumar, an Advocate at Punjab & Haryana High Court, Chandigarh says that this is because since the six years tenure of Rajya Sabha of both above newly elected MPs from Haryana would only commence from August 2, 2022, and for which the requisite Gazette Notification would be issued by Union Ministry of Law and Justice under relevant provisions of Representation of the People Act, 1951  on August 2, 2022, itself.  He said although both these MPs have been issued Election Certificates after being declared elected by Returning Officer (R.O.) of Rajya Sabha Biennial Election from State of Haryana, RK Nandal, who is also Secretary of Haryana Vidhan Sabha but the point is that the current tenure of two out of total five incumbent MPs from State of Haryana viz. Dushyant Kumar Gautam of BJP and Independent Subhash Chandra is until August 1, 2022 and that their current tenure can’t be cut-short merely due to the election of new successors on their Seats.

 Interestingly, Subhash Chandra has lost from Rajasthan while seeking a fresh election to Rajya Sabha as an Independent candidate. Even otherwise, if Chandra would have been elected from Rajasthan, then his tenure as Rajya Sabha MP from such State should have however begun with effect from July 5, 2022, as the term of four MPs from Rajasthan would come to end on July 4, 2022. Even in that case, the tenure of two newly elected MPs from Haryana should have begun with effect from August 2, 2022.