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Madhya Pradesh assembly by-election stuck in technical screw

Madhya Pradesh assembly by-election stuck in technical screw

After 22 Jyotiraditya Scindia supporters, who resigned from the Congress on the 10th of March, cleared the way for BJP leader Shivraj Singh Chauhan to become the Chief Minister. On 23 March, Shivraj Singh Chauhan took the oath of Chief Minister and after almost three months, he extended the cabinet on 2 July and left the Congress and sworn in 14 of the 22 people who joined the BJP. These 14 people were not MLAs when they became ministers and they have to win the by-elections within six months to become ministers otherwise they will have to resign from their posts.

Technical complication starts from here. At present, the question is arising that the assembly seat from which these MLAs have resigned is vacant from March 10 without public representative, so it is mandatory to elect a new MLA from here till six months i.e. 10 September. But the people of BJP are arguing that 14 people who have sworn in as ministers on July 2 without being MLAs will have to win by-elections six months before 2 January 2021. That is, the assembly can remain vacant for more than six months. Constitutional affairs expert Subhash Kashyap says, "From the day the assembly is vacant, the legislators should be elected within six months from that day but the Election Commission has to take the final decision to hold the election on the vacant seat. "

Sources say that this case is very complicated. The Election Commission considers an assembly or Lok Sabha to be vacant only when it is formally informed by the person representing the Lok Sabha or Assembly concerned that he has resigned from the post of MLA. Or any other person or institution should inform him about it officially. Since the Election Commission may not have been informed in this matter, the election is not being held within six months. Anyway, 24 seats are still vacant in Madhya Pradesh. Jaura, one of the 2 seats, is vacant from 21 December 2019 and Agar from 30 January and elections were to be held by July but due to Corona elections could not be held here. Election Commission officials informally say that the commission conducts elections on the vacant seat within six months, but this time the situation is different in view of the situation in Corona. Commission officials acknowledge that those who have taken the oath of office without a legislator will have to elect an MLA within six months of taking the oath of office.

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