JUDGMENT :

These two writ petitions are filed consequent to deferment of election to the 3 seats becoming vacant in the Council of States. W.P.(C) No. No.8089 of 2021 is filed by the Secretary of the Kerala Legislative Assembly and W.P.(C) No. No.8092 of 2021 is filed by a sitting member of the Kerala Legislative Assembly (hereinafter referred to as “Assembly” for short). As the issue raised in both these writ petitions are identical, both the cases are disposed of by this common judgment. The parties and documents referred to in this judgment would be as described in the W.P.(C) No.8089 of 2021, unless specified otherwise.

2. Out of the nine members in the Council of States from the State of Kerala, three members -M/s Vayalar Ravi, K.K. Ragesh and Abdul Vahab are retiring on 21.04.2021 on completion of their 6 years' term. On 17.03.2021, the Election Commission of India issued Ext P1 press release announcing the schedule of election for filling up the three seats fixing the date for issuing notification as 24.03.2021; last date for making nomination: 31st March 2021; date for scrutiny of notification: 03.04.2021; date for withdrawal of candidature : 05.04.2021 and date before which