Cloud on the election of Ukhand CM to the Assembly
Sensing an opportunity to score political points in the tangle involving the constitutional necessity of electing Chief Minister Tirath Singh Rawat in Uttarakhand’s fourth Vidhan Sabha, the Congress party began to seek advice from constitutional experts.
The party believes it would be a great loss of face for the BJP in Uttarakhand if it did not send the outgoing CM to Vidhan Sabha before the crucial 2022 Assembly elections.
It is learned that the central leadership of the Congress party is taking a keen interest in the issue and has asked former minister and senior leader Navprabhat to study the issue.
Navprabhat, who is considered a constitution expert, submitted his report in which he clearly mentioned that by-elections cannot be held in the state now, which means the BJP should change CM Tirath Singh Rawat. Congress is now considering launching a major assault on the BJP on the issue.
It should be mentioned that CM Rawat is not a member of Vidhan Sabha and must be elected MP before September 9.
Contacted by The Pioneer, Navprabhat said Article 151 “A” of the People’s Representation (RPA) clearly states that a by-election cannot be held if the Assembly’s remaining term is less than one year.
He said that means the election commission cannot conduct a by-election in the state now. The term of the current Assembly ends on March 22 and has only nine months left to complete its term.
Navprabhat added that the Supreme Court in a case involving the re-appointment of a minister in the Cabinet of then Punjab’s CM, Rajinder Kaur Bhattal, had ordered that one cannot benefit from the six-month exemption. to be elected to the Vidhan Sabha only once in a term of a Vidhan Sabha. Which effectively means that Tirath Singh Rawat cannot return to the CM post after resigning?
In an attempt to overcome the anti-nomination factor, the central leadership of the BJP removed Trivendra Singh Rawat and appointed Garhwal MP Tirath Singh Rawat as chief state minister in March this year.
At present, two Assembly constituencies, Gangotri and Haldwani, are vacant due to the deaths of sitting deputies. Tirath Singh Rawat must become a member of the current Assembly before September 9, failing which he would have to resign from the post of State CM.
Accusing the BJP of pushing the state into a constitutional crisis, Uttarakhand Congress spokesman Garima Dasauni said the BJP now only had the option of electing a new CM from among the MPs of the BJP or to impose the rule of the president in the state.