Hyderabad: The Delhi chalo yatra of Tirath Singh Rawat culminated with putting down his papers yesterday as Uttarakhand Chief Minister. In the past few days, Rawat has had hectic discussions with senior party leaders including BJP president Jagat Prakash Nadda and Union Home Minister Amit Shah. The central point of contention was that of constitutional viability of Rawat's continuation as CM even when he was not a member of the Legislative Assembly.
The matter assumed significance after the Election Commission of India in its earlier directive said due to outbreak of the second wave of COVID-19 in the country, it would not be appropriate to hold the bye-elections till the pandemic situation significantly improves and conditions become conducive to hold bye-election. Rawat had little option but to quit.
Post-Rawat, the critical question doing rounds in political circles and editorial rooms across the country will be whether West Bengal Chief Minister Mamata Banerjee faces the same fate. Despite losing the Nandigram seat Mamata holds the chief ministership position as it was in accordance with the Constitution (Article 164).
According to the Article 164 of the Indian Constitution, an individual who is not a member of the legislature can be considered the chief minister provided they get themselves elected to the State Legislature within six months from the date of their appointment. Failing which, they would cease to be the chief minister. While, Mamata legitimately qualifies the first part of Article 164, her constitutional position will be weak, untenable and inadmissible.
Going strictly by the constitutional provisions, Mamata will cease to be the CM in October as she will be completing six months. As the Election Commission of India made it clear, no bye-election till the pandemic situation improves.
Given the legality, Banerjee needs to get elected and the MLA from Bhowanipore has resigned to make way for her. But what if the Election Commission sticks to its position? Will the Centre put Mamata in a lose-lose situation? We will have to wait and watch.
