While the leading constitutional expert of Jammu & Kashmir holds the view that Election Commission of India (ECI) has a constitutional compulsion to defer the election for four Rajaya Sabha seats that have fallen vacant this month, the top government official while referring to a supreme court ruling say that there is no bar on the newly elected MLAs yet to take oath in the assembly from participating in the Rajaya Sabha elections for four Rajaya Sabha seats on February 7 this year.