Legislative assembly

Uttarakhand Congressman writes to European Commission urging it to clear “confusion” over bypolls

June 26, 2021 9:15 PM STI

Dehradun (Uttarakhand) [India], June 26 (ANI): Former Uttarakhand Minister and Congress Leader Navprabhat wrote to the Election Commission urging it to “clear up the confusion” in the state over by-polls, including that of Chief Minister Tirath Singh Rawat who must be elected to the assembly within six months even though the state has less than a year to go to the polls.
The congressman said section 151A of the Representation of the People Act 1951 mandates the Election Commission to fill vacancies in state legislatures through by-elections within six months of the date of the vacancy, provided that the remainder of a member’s term of office in relation to a vacant post is one year or more.
Navprabhat said he sent a representation to the commission to “clarify doubts about whether or not the by-elections will be held.”
The congressman said he urged the election panel to make a decision in accordance with the state’s rules and statutory situation.
“There is no constitutional crisis in the state at the moment, but an atmosphere of uncertainty. Legally, Tirath Singh Rawat can remain chief minister for six months. What will happen later cannot be predicted. It is up to the BJP to decide how it will handle the situation, ”he said.
The Congress leader said the political situation in the state will depend on the EC decision.

“If the Commission organizes elections, the situation will be different and if it decides not to organize by-elections, the situation will be completely different,” he said.
The congressman had previously said that a “constitutional crisis” seemed to be brewing in Uttarakhand, Tirath Singh Rawat not being an MP.
“To continue in office, Rawat must be an elected member of the Legislative Assembly before the six months expire on September 9. Under Article 151 A of the Law on the Representation of the People, a by-election cannot be organized if there is only one year left for the legislative elections, “he said.
The seats in the Gangotri and Haldwani assemblies in the state are vacant due to the deaths of sitting deputies.
Tirath Singh Rawat, MP for Garwhal, was sworn in as chief minister in March this year replacing Trivendra Singh Rawat.
Assembly votes are due in the state early next year.
The BJP won the elections in 2017 by winning 57 seats out of the 70 members of the Uttarakhand Assembly. Congress won 11 seats (ANI).

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