Wednesday, 23 June 2021 | PNS | Dehradun
Responding to Congress stating that chief minister Tirath Singh Rawat would have to be changed, the Bharatiya Janata Party state president Madan Kaushik reiterated on Tuesday that there is no constitutional crisis. He averred that there is no substance in the “confusion” being spread by the Congress regarding the chief minister’s election to the Vidhan Sabha, adding that this was a result of the Congress’ desperation. In response to the Congress citing section 151 A of Representation of the People Act, Kaushik cited Article 164 of the Indian Constitution. He said, “In the paragraph four of Article 164, it is clearly stated that any minister who is not a member of the state’s legislature for six months will have to contest election within six months and if this does not happen then the minister will not remain a member. The day when Tirath Singh Rawat took oath as the chief minister, more than one year was left for the Assembly election which is why this instance does not come under section 151. Six months have not passed yet and seats are also vacant. The election commission is responsible for holding the election and this should be done without delay.”
The BJP state president further said that Rawat had been formally administered the oath of office by the governor. The elections have to be contested under the same constitution as per which the oath of office was administered. Those expressing doubts citing section 151 should also study Article 164. Kaushik opined that the Congress is affected by its defeat in the Salt Assembly byelection which it had termed the semi-finals to the 2022 Assembly polls. The BJP is fully prepared and will announce its election coordinators after a few days. The party has made all preparations at the organisational level and the Congress will have to face a major defeat, claimed Kaushik.
It will be recalled that 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.
