Mamta Banerjee and Uttarakhand CM Tirath may have to leave the chair?

Mamta Banerjee won the power of the state for the third time by winning a landslide victory in the state assembly elections, but her defeat from Nandigram is still not leaving her behind. If he does not get the membership of the assembly by November 4, then he will have to leave the chair of the Chief Minister, which is clearly visible from the Election Commission’s announcement of postponing the by-election till the corona epidemic is over.

Whether the situation has become favorable for the by-election, the decision is also in the hands of the Central Government and the possibility of a ceasefire in the Tumul war between the Central Government and Mamta is not visible far and wide.

Here in Uttarakhand also problem
Like Mamta, the future of Uttarakhand Chief Minister Tirath Singh Rawat also hangs in the balance. Tirath Singh Rawat also has to take membership of the Legislative Assembly by September 10, which is finding it difficult due to time constraints.

There is also an additional crisis for Tirath Singh that there is less than a year left for the assembly elections and in such a situation, even if a seat becomes vacant, the by-election will not be held on it, hence the change of leadership or President’s rule in the state. Only option can survive.

Election commission not ready for by-election

However, Chief Election Commissioner Sushil Chandra claimed in an interview given to the news agency that the commission has experience in conducting elections during the corona pandemic, so there would be no problem in holding the next assembly elections in Punjab, Uttarakhand, Goa, Uttar Pradesh, Himachal and Manipur. But in the release issued by the Commission on May 5, a clear announcement has also been made to postpone the by-election till the crisis of Korana epidemic is over.

According to this announcement, the Commission had postponed the elections to the Jangipur and Shamshergarh seats of West Bengal proposed on May 16. Referring to the seats of three Lok Sabha constituencies and 8 Legislative Assemblies, in the release of the Commission, it has been said that some other assembly seats have also become vacant, whose report is to come. Among those awaited vacancies is West Bengal’s Bhabanipur seat, which has been vacated by TMC’s Sobhandev Chattopadhyay for Mamata.

If there is no by-election in Bhabanipur seat by November, then it is not constitutionally possible for Mamata to remain the chief minister till she gets the membership of the assembly.

Here, the way Mamata and the Modi government at the Center are leaving no stone unturned to teach each other a lesson, keeping Mamta away from the right chair for a day can be a pleasant experience for the BJP.

Chances of becoming MLA within 6 months are less

Taking advantage of the provisions of Article 164 (4) of the Constitution, Mamta Banerjee became the Chief Minister on May 5 without winning the election, but there is also a provision in this sub-section of this article that if a non-member minister of the legislature within 6 consecutive months If he is not able to take membership of the office, then after that period he will not be able to remain a minister. The same provision is also for the Union Cabinet in Article 75(5).

In this situation, it is very necessary for Mamata to win the by-elections till November 4 and the by-elections will also be held only when the Election Commission wants. Under Section 151 (a) of the Representation of the People Act, the Election Commission of India has to hold by-elections in the Rajya Sabha, Lok Sabha and the Legislative Assemblies of the states within a period of six months if any seat becomes vacant.

The compulsion to consult the Modi government is fatal for Mamta.
But in sub-section of the same section it has also been clarified that, “Provided that nothing in this section shall apply in a case in which – (A) the remainder of the term of office of a member in relation to a vacancy is less than one year;  or (b) the Election Commission, in consultation with the Central Government, certifies that it is difficult to hold such bye-election within the said period.”

Looking at these provisions, it is not easy for Mamata Banerjee and Tirath Singh Rawat to stay on the chair.  However, Mamta has the option of making someone of her trusted chief minister till her due election.  However, the example of Jitan Ram Manjhi in Bihar can scare Mamata.  Manjhi later refused to resign.

No time left for by-elections in Uttarakhand

At present only the Gangotri assembly seat is vacant in Uttarakhand, which has been vacated due to the death of Gopal Singh Rawat of BJP on 23rd April.  The term of the assembly will end on 23 March 2022.

Accordingly, less than a year is left for the Gangotri assembly seat.  In such a situation, there is no seat in the state for Tirath Singh Rawat due to the requirement of more than one year.  In such a situation, only another person can take over the post of Chief Minister in the state or an option like President’s rule can be considered.

Sinha was also aware of postponing the by-election

Trinamool Congress vice-president Yashwant Sinha has also expressed his apprehension on Twitter about the timely elections in West Bengal.  Whereas the Election Commission has also clarified on May 5 that the Commission will consider holding by-elections in the country only after consultation with the disaster management authorities of the states and the Center regarding the situation of the epidemic.

However, the Commission in its release did not even mention the provision number (b) mentioned in section 151 (a) of the Representation of the People Act, in which consultation with the Central Government is mentioned.

In the recently concluded assembly elections, due to non-compliance of the prescribed protocol to protect against Kovid, and after the Madras High Court directed to register a criminal case against the officials of the Election Commission, now the commission is taking steps.  Used to be.

Non MLA cannot become minister twice

Mamta Banerjee or Tirath Singh Rawat have no option left to become the Chief Minister again without winning the election.  SR  In Choudhary v State of Punjab and others, the then Chief Justice A.S.  A three-member bench of the Supreme Court headed by Anand made it clear in its judgment on 17 August 2001 that a non-MLA cannot be appointed a minister for the second time for a period of six months in the same term of the assembly.

At that time Tej Prakash Singh was made minister by Rajinder Kaur Bhattal without winning the election.  Earlier in the case of Jagannath Mishra vs Union of India, a similar decision had come.

Not only this, B.A. Kapoor v State of Tamil Nadu, it was clarified that if a person has been disqualified from contesting an election, he cannot be appointed as a minister or chief minister.  That is why Jayalalithaa could not become the Chief Minister again.