New Delhi: Former Chief Election Commissioner of India Dr S.Y. Quraishi on Wednesday refuted the claims of a "constitutional crisis" in the state made by Uttarakhand Congress and said the Election Commission of India can conduct bypolls under special provisions and CM Tirath Singh Rawat can contest from any assembly seat of his choice.
Tirath Singh Rawat was a BJP MP from the Pauri Garhwal Lok Sabha constituency and he was sworn in as chief minister this March. He needs to get elected as an MLA by September through by-elections, as per law.
According to Article 164(4) of the Constitution, "A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister."
The Congress in Uttarakhand has stated that section 151 (A) of Representation of the People Act clearly mentions that a by-election cannot be held if the remaining term of the Assembly is less than one year which means that the Election Commission cannot conduct a by-election in Uttarakhand now.
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Speaking to ETV Bharat on the issue, Former Chief Election Commissioner of India Dr S.Y. Quraishi said, "Tirath Singh Rawat can contest by-election and it an exception for a CM. As per rules, if the assembly elections are to be held within a year then by-elections cannot be conducted but if a CM is involved then Election Commission can conduct the bypolls."
In Uttarakhand, Gangotri and Haldwani are the two assembly seats which are vacant. Gangotri seat fell vacant after the demise of BJP legislator Gopal Rawat while Haldwani seat fell vacant after Congress MLA Indira Hridayesh passed away due to cardiac arrest this month in New Delhi.
