Is Wayanad getting ready for bypolls?

A mock poll was conducted by the Kozhikode collectorate to check the preparedness of the VVPAT machines, seemingly ahead of the Wayanad by-election. It was conducted for the Thiruvambady assembly segment.

The Wayanad Lok Sabha constituency in Kerala was declared vacant on March 25 after Congress MP Rahul Gandhi was disqualified from the Lok Sabha after he was sentenced to a two-year jail term in a criminal defamation case for the ‘Modi surname remark’ in his 2019 election speech by a lower court in Surat.

The Wayanad Parliamentary constituency falls within Wayanad, Kozhikode and Malappuram districts and includes Mananthavady, Sulthan Bathery, Kalpetta, Thiruvambady, Eranad, Nilambur and Wandoor assembly constituencies.

The mock poll was held for the 170 booths of the Thiruvambady assembly segment and 270 machines were checked for their preparedness. The inspection took place at a makeshift awning set up in front of the collectorate.

The district authorities had sent letters to 10 political parties for the mock poll and a representative from each of the parties were present when the electronic voting machines and VVPATs were being checked. It has been reported that mock polls would be held for the other assembly constituencies in Wayanad on Saturday.

Additionally, the Kerala government on Tuesday withdrew personal staff allotted to Gandhi while he was the Member of Lok Sabha representing the Wayanad constituency.

An order issued by the Joint Secretary, General Administration, said that the staff who have been serving as the personal assistant and driver for Gandhi have been relieved from their duties.

Ratheesh Kumar KR, the personal assistant and Muhammad Rafi, the driver, have been asked to return their identity cards issued by the home department. Ratheesh Kumar has been directed to re-join his original department at the office of the Superintendent of Re-survey, Sultan Bathery.

Kozhikode MP MK Raghavan believes that the bypoll may not happen as the appeal is being heard in the Gujarat High Court. "The Kerala High Court had questioned the Election Commission about teh need for conducting a bypoll in the case of suspended the conviction against NCP’s Lakshadweep MP Mohammed Faizal P.P. It had pointed out that the Lok Sabha elections will be held in 2024. In this case, there is hardly nine months before the model code of conduct will be put in place," Raghavan told National Herald. He reiterated that this is nothing but political pressure being exerted by the ruling Bharatiya Janata Party.

The preparations for the by-elections are underway while Rahul Gandhi's appeal in the case is being considered. Gandhi had moved the Gujarat HC seeking a stay on his conviction in the criminal defamation case. Earlier, the Surat Sessions Court had rejected Gandhi’s plea seeking a stay on his conviction in the criminal defamation case filed by BJP legislator Purnesh Modi against the Congress leader.

Gandhi had won the Wayanad Lok Sabha seat in the 2019 Lok Sabha elections by defeating CPI contestant PP Suneer, by a margin of more than 4.31 lakh votes. 

At a press conference recently, the Election Commission had said that they were duty bound to hold elections in the constituency only within six months. The chief election commissioner Rajiv Kumar had then said, "So we have six months’ time to do that election, and the second proviso of the section also says that if the remainder of the term of the vacancy is less than one year then the election will not take place. In this case, it is more than one year."

In the recent past, the Election Commission had to twice rescind a bypoll notification after the Supreme Court ordered it to wait for the disqualified MP’s appeal to be heard. It had to rescind the election notification after the Kerala High Court suspended the conviction against NCP’s Lakshadweep MP Mohammed Faizal P.P. and in the case of disqualified Samajwadi Party MLA Azam Khan.

National Herald reached out the Election Commission for comments, but got no response. The article will be updated when the officials respond.