Serious differences have cropped up between the two coalition partners in Jammu and Kashmir, as the Congress has ruled out contesting the Rajya Sabha election from the "risky" seat offered by its ally, the ruling National Conference (NC).
Instead of contesting from the seat falling under the third notification—considered less secure—the Congress leadership has demanded one of the safer seats notified under the first or second notifications issued by the Election Commission of India (ECI) for the election of three Rajya Sabha members from Jammu and Kashmir.
"There is no reason to contest the Rajya Sabha election from seat number 4, which is comparatively less safe than seat numbers 1 and 2," Jammu and Kashmir Pradesh Congress Committee (JKPCC) president Tariq Hamid Karra told International Business Times.
Karra revealed that the Congress high command, during discussions with the top leadership of the National Conference, had demanded one of the safer seats from notification numbers one or two.
"Instead of accepting our demand for a safe seat, the National Conference offered us seat number four under the third notification, which is not as secure as the seats from notification one or two," he said, adding that the party's core group, after a marathon meeting on Sunday evening, decided not to contest the "risky" seat.
Karra said the party had held "threadbare discussions" on the issue before arriving at a unanimous decision.
"A detailed discussion was held regarding the upcoming Rajya Sabha elections. The unanimous view among our members was that the central leadership had sought a safer seat—either seat number 1 or 2. However, the National Conference offered us seat number 4, which is comparatively less safe. Given the circumstances, it was unanimously decided that Congress will not field a candidate for seat number 4 and will leave the matter to our alliance partners," Karra said.
Why Congress is demanding a seat from notification number one or two?
The Election Commission of India has issued three separate notifications for the four Rajya Sabha vacancies from Jammu and Kashmir. Voting under all three notifications will involve the same 88 legislators, who will cast their votes three times to elect four members to the Upper House.
According to the ECI, the elections are being held separately because the vacancies fall under different election cycles.
For the first and second notifications—each concerning one seat—45 votes are required to secure victory. Since coalition candidates are comfortably placed in these rounds, the Congress is adamant about getting one of these two seats.
Under the third notification, which covers two seats, each candidate will require 30 votes to win, assuming all 88 MLAs cast their ballots.
Strength of political parties in the Legislative Assembly
National Conference: 41
BJP: 28
Congress: 06
PDP: 03
CPM: 01
AAP: 01
People's Conference: 01
Independents: 07
Two seats, Budgam and Nagrota, are vacant
The ECI clarified its decision by citing a 1994 Delhi High Court ruling that upheld the legality of conducting separate elections for vacancies arising under different cycles.
"These four vacancies are being filled by holding three separate elections in accordance with the law, as each vacancy falls under a different election cycle," the notification stated.
The ECI also referred to the Delhi High Court verdict in A.K. Walia vs Union of India & Others, where the Congress had argued that all vacancies should be filled in a common election. The Court, however, dismissed the plea, ruling:
"Once the seats have been divided into three categories from the inception, the respondents were right in holding separate elections for each category. Since these three seats fall under three separate categories, elections to these seats must be held separately."
The ECI further stated that, in line with this legal provision, the four vacancies from Jammu and Kashmir—arising after the retirement of members on February 10 and 15, 2021—will be filled through three separate biennial elections.
National Conference yet to respond to Congress
Karra said the Congress party has officially conveyed its position to the National Conference leadership in writing.
"Ghulam Ahmad Mir and I have sent a letter to Chief Minister Omar Abdullah conveying our stand. He asked us to forward it to Dr. Farooq Abdullah, which we have done. However, we have not received any response so far," Karra revealed.
It is pertinent to mention that the National Conference has already announced three candidates—Choudhary Mohammad Ramzan, Sajjad Ahmad Kitchloo, and Shammi Oberoi—for the three comparatively safe Rajya Sabha seats under the first, second, and third notifications.
