Uttarakhand Congress leader urges EC to clear 'confusion' over bypolls to elect CM Rawat

Former Uttarakhand minister and Congress leader Navprabhat wrote a letter to the Election Commission on Saturday, urging it to "clear the confusion" regarding bypolls in the state. He also sought clarification on the by-elections concerning Chief Minister Tirath Singh Rawat, who needs to get elected to the assembly within six months even as the state is headed for polls next year.

The Congress leader said Section 151A of the Representation of the People Act, 1951 mandates the poll panel to fill the casual vacancies in state legislatures through by-elections within six months from the date of occurrence of the vacancy, provided that the remainder of the term of a member in relation to a vacancy is one year or more.

Navprabhat said he has sent a representation to the commission seeking clarification on whether the polls will be held or not. He also urged the EC to take a decision according to the rules and the statutory situation in the state.

"There is no constitutional crisis in the state at this time but an atmosphere of uncertainty. Legally Tirath Singh Rawat can remain chief minister for six months. What will happen later cannot be predicted. Rest is upon the BJP to decide how will they handle the situation," he said.

'Constitutional crisis' in Uttarakhand?

The Congress leader said the political situation in the state depends upon the EC's decision. "If the Commission conducts elections, then the situation will be different and if it decides not to hold the by-elections then the situation will be completely different," he said.

Navprabhat had earlier speculated a "constitutional crisis" brewing in Uttarakhand as Tirath Singh Rawat is not an MLA. "To continue holding his post, Rawat has to be an elected member of the legislative assembly before the completion of six months on September 9. Under section 151 A of the Representation of the People Act, a by-election cannot be held in the event where only a year is remaining for the general elections," he said.

Gangotri and Haldwani assembly seats in the state fell vacant, following the death of the sitting MLAs. Tirath Singh Rawat, who is MP from Garwhal, took oath as the 9th Chief Minister in March this year, replacing Trivendra Singh Rawat.

Assembly elections are due in Uttarakhand early next year. The BJP had swept the 2017 polls, winning 57 seats in the 70 member Uttarakhand Assembly, while Congress won 11 seats.

(With inputs from agency)