A BJP delegation headed by BJP State President and former Chief Minister Babulal Marandi submitted a memorandum with a plea that not to allow holding Gandey bypoll as it will create a constitutional crisis in the State. The BJP leader on Tuesday met the Governor and submitted a letter related to the constitutional crisis that would arise in the event of Gandey Assembly by-election. State General Secretary and Headquarters in-charge Dr. Pradeep Verma, Balmukund Sahay were also included in the delegation.

Talking to the media after the meeting, BJP State President and former Chief Minister Babulal Marandi said that an MLA from the ruling party who was representing Gandeya Assembly constituency was pressurised by Chief Minister Hemant Soren to resign from his seat.

Marandi said that Sarfaraz Ahmed is completely healthy, he is not even going out of the country, hence his resignation was without reason, but the Chief Minister wants to make his wife Kalpana Soren the Chief Minister on the lines of Lalu Prasad as he fears that ED will arrest him.

He said that by-election cannot be conducted in Jharkhand due to the resignation given by Gandey's MLA. Under Section 151A, Representation of the People Act, 1951, by-elections cannot be held if there is less than a year left for the general elections.

He said that it was made clear by the Honorable Supreme Court in its decision (Pramod Laxman Gudhade vs. Election Commission of India) that if the general elections are to be held within a year, then by-elections cannot be held.

The order passed by the Hon'ble Supreme Court on January 8, 2023, by the Hon'ble Bombay High Court, ordering the holding of by-elections even if the period of time remaining is less than one year, has been stayed.

Assembly elections in Jharkhand are scheduled to be held in December 2024. The process starts from September-October. Therefore, by-elections cannot be conducted in the light of Section 151A, Representation of the People Act, 1951 and the Honorable Supreme Court.

He said that the day the appointed returning officer of the assembly constituency declares the results of the assembly elections to the Election Commission and makes it public that from which party and how many independent MLAs have been elected, that date is considered to be the date of election of the MLA. The formation of the government and the assembly session happened a few days later, it has nothing to do with it.

He said that the ruling coalition of the state is trying to mislead the people of the state and the Election Commission.

Marandi said that he has also requested His Excellency the Governor to forward the letter sent by him to the Election Commission.