Continuing the ongoing debate over the election of Chief Minister Tirath Singh Rawat to the Uttarakhand Assembly before September 9 and its legal provisions, senior Congress leader and former Minister Navprabhat has decided to approach the Election Commission of India (ECI) on the issue.
While interacting with The Pioneer, Navprabhat who is considered an expert on constitutional matters said that he is making necessary preparations for bringing the issue to the notice of ECI.
He said the BJP has created a situation of instability in the State and it should be cleared in the interest of the people.
On BJP State president Madan Kaushik’s statement that Section of 164 of constitution provides for election of any Minister who is not a member of the House within six months, the Congress leader said no one is challenging Section 164 but the by-elections are held as per the Representation of the People Act (RPA) which clearly says that by-elections cannot be held if the remaining term of the Assembly is less than one year.
Navprabhat said if the by-election is held it would be illegal and it would be challenged in the court of law.
Meanwhile, spokesperson of Uttarakhand Congress Garima Dasauni has accused Kaushik of misleading the people on the issue by deliberately entwining the Section 164 (4) of constitution and 151 (A) of RPA.
She said the calculation of one year for Gangotri Assembly seat would commence from April 22 when the MLA from there passes away which clearly means that the by-election cannot be held there. She said the BJP believes that it is above the constitution and is ready to keep all rules and regulation at bay.