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Will Tirath Singh Rawat leave the chair or will President’s rule be imposed? Political crisis deepens in Uttarakhand

The constitutional crisis has once again started deepening in Uttarakhand. As per the constitutional rule, the Chief Minister has to become an elected member of the Legislative Assembly within 6 months. The Congress party claims that now Chief Minister Tirath Singh Rawat cannot contest the elections.

The Congress is arguing that under section 151 (a) of the Representation of the People Act, a by-election cannot be held in a state where there is less than one year left for the general election to be held. Assembly elections in Uttarakhand are due in March 2022. To avoid a constitutional crisis, it is mandatory for Chief Minister Tirath Singh Rawat to take oath as a member of the Legislative Assembly before September 10. Teerth Singh Rawat was sworn in as the Chief Minister on 10 March.

‘Missed the opportunity to become CM’

State Congress President Pritam Singh says that the Chief Minister in Uttarakhand has lost the opportunity to become a member of the Legislative Assembly within six months. In such a situation, once again a constitutional crisis can arise in Uttarakhand. At the same time, BJP state president Madan Kaushik says that the day the Chief Minister took oath, there is more than a year for the assembly elections. The election has to be contested within 6 months of the oath.

Experts say that due to two vacant seats in the state, CM Tirath has two options. He can contest from Haldwani or Gangotri. It is more likely that he would fight with Gangotri, as he had also sent his chief advisor on a five-day tour to estimate the wind of Gangotri in the past.

What does the constitution say?

Assembly elections are proposed in Uttarakhand before March 2022. Under Section 151A of the Representation of the People Act, a by-election cannot be held if there is only one year left for the general election. Therefore, only 9 months are left for the completion of the term of the assembly.