New Delhi: While the Election Commission is not in the legal obligation to hold the Bypolls in Haldwani and Gangotri, the current two assembly seats are empty in Uttarakhand, because vacancies emerged less than a year before the state assembly period ended on March 23, 2022, EC resources said they could still Consider if special requests are accepted by citing constitutional needs to prevent political instability.
The constitutional crisis can be implied if a minister who is not MLA or MLC is not selected within six months assuming the office.
In Uttarakhand, Chairman of Minister Tirath Singh Rawatan must be chosen in the Assembly on September 10, as the mandate is based on Article 164 (4) Constitution.
Already speculated that he could oppose the Bypoll of one of the two empty seats.
Part 151A from Rp.
1951 states that the Bypoll must be held within six months after the occurrence of vacancies, provided that no contained in this section must apply if “the remaining members of the member regarding the job of less than one year”.
, While Gangotri fell empty at the death of MLA Gopal Singh Praying on April 22, 2021, vacancies in Haldwani occurred because of the incumbent death of Indira Hrideesh on June 13, 2021.
“There was a precedent when the selection was held to facilitate the election of the minister in six months after taking over , as mandated by Article 164 (4) the Constitution.
The underlying principle is to prevent any constitutional crisis and ensure that the five-year period of the state assembly is not limited by not holding the selection when the remaining terms are less than a year, “EC official said Friday.