Even as the nomination process for four Rajya Sabha seats from the Union Territory of Jammu and Kashmir began today, the National Conference (NC)-led ruling coalition has yet to officially announce its candidates.
Although some leaders of the National Conference have claimed that the party will contest all four seats, coalition partner Congress is demanding at least one winnable seat.
"The party high command is in consultations with the National Conference regarding the seat-sharing formula for the Rajya Sabha elections," Ravinder Sharma, chief spokesperson of the Jammu and Kashmir Congress, told The International Business Times.
Sharma expressed hope that the NC would leave one winnable seat for the Congress to strengthen the ruling coalition in Jammu and Kashmir.
Jammu and Kashmir Pradesh Congress Committee (JKPCC) president Tariq Hameed Karra also confirmed that the party is keen to contest one of the four upcoming Rajya Sabha (RS) seats but clarified that the final decision will be taken by the central leadership in consultation with its alliance partner, the NC.
Sources said that the National Conference leadership has conveyed to the Congress that it intends to field its candidates for three of the four Rajya Sabha seats — one each under the first and second notifications issued by the Election Commission of India (ECI). The NC has, however, shown willingness to leave the fourth seat — which falls under the third notification — for the Congress.
"For the third notification, elections will be held for two Rajya Sabha seats. The National Conference will field one candidate and leave the other for the Congress. On that seat, the Congress candidate will face a contest with the BJP nominee," sources said, adding, "The Congress leadership is demanding a winnable seat, not the fourth seat where the party would face a tough contest with the BJP."
The NC is confident of winning three of the four seats, given its current strength in the 88-member Legislative Assembly. The party has sufficient numbers to secure two seats under the first and second notifications. With 41 MLAs, the NC can also comfortably ensure victory for its candidate on the third seat.
ECI Issues Three Separate Notifications for Four Vacancies
The Election Commission of India (ECI) 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 of the Upper House.
According to the ECI, polls for the four Rajya Sabha seats will be held through three separate notifications, as the vacancies fall under different election cycles. With the support of some Independents, the NC is comfortably positioned to win three of the four seats.
The ECI clarified its decision by citing a 1994 Delhi High Court ruling, stating: "These four vacancies are being filled by holding three separate elections, in accordance with the law on the subject, as each of these vacancies falls under three different cycles."
The notification further quoted the High Court's verdict in A.K. Walia vs Union of India & Others, in which the Congress had argued that all vacancies should be filled through 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. Now these three seats fall in three separate categories, so elections to these three seats have to be held separately."
The ECI added that, in accordance with this ruling, the four vacancies from Jammu and Kashmir — created after the retirement of members on February 10 and 15, 2021 — will be filled through three separate biennial elections.
As announced earlier, the bypolls to the four Rajya Sabha seats will be held on October 24, with voting and counting scheduled for the same day. The notification was issued today; the last date for filing nominations is October 13, while the deadline for withdrawal of candidature is October 16.
The terms of the four outgoing MPs — Ghulam Nabi Azad, Shamsher Singh Manhas, Nazir Ahmad Laway, and Fayaz Ahmad Mir — expired in February 2021. Elections could not be held earlier as Jammu and Kashmir remained under President's Rule until October 2024. With the newly elected Assembly now in place, the poll panel has proceeded with the election schedule.
The last Rajya Sabha elections in Jammu and Kashmir were held in February 2015, when the BJP–PDP alliance secured three seats and the NC-Congress alliance bagged one. Since then, the NC has consistently raised the issue of filling the vacant Rajya Sabha seats from the Union Territory.
