Two newly elected MPs can’t cast vote in coming presidential election

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The two newly elected members of Council of States (Rajya Sabha) from the State of Haryana namely Krishan Lal Panwar of BJP and  Kartikey Sharma (real name Kartikeya Sharma) who has been elected as Independent, can not cast their vote in the forthcoming 16th presidential election to be slated on July 18, 2022 as their tenure will commence from August 2022.  It is worth stating that the six years tenure of Rajya Sabha of both above newly elected MP’s 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.  

Divulging aforesaid information, Hemant Kumar, an Advocate at Punjab & Haryana High Court, Chandigarh said that  although both MPs have been issued Election Certificate 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 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.

It is pertinent to mention that Subhash Chandra has lost from Rajasthan while seeking 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. Kartikey Sharma, a debutant in the politics has defeated the Congress stalwart Ajay Maken a parachute candidate from Delhi in a neck to neck fight. It is being considered that being a parachute candidate resulted in the defeat of Maken.