Though Delhi CM Arvind Kejriwal is pushing for early elections in the state, he will need to convince the election commission (EC) of the need for the same, and it may be tough. The EC may not easily give in to the demand because a stable government in majority won’t be dissolved unless expressly required or recommended by the LG. At best the EC can deploy a nominal or caretaker CM in case Kejriwal finally steps down midway.
Kejriwal has asked for assembly elections in Delhi along with Maharashtra, where a new House must be elected before November 26. However, the term of the Delhi Assembly ends only on February 23, 2025.
However, Kejriwal has only said he will resign as CM and asked for early elections — he does not appear to be planning to recommend the dissolution of the assembly. His successor in the post could be announced after a meeting of AAP MLAs at the CM’s residence on Tuesday. So, without the dissolution of the assembly, the possibility of holding early election is low
Meanwhile, under Article 324 of the Constitution, the powers of superintendence, direction, and control of elections are vested in the Election Commission of India (ECI). The EC works backwards from the date on which the five-year term of the existing House ends, ensuring that the election process is completed before then.
However, Section 15(2) of The Representation of the People Act, 1951, says the election cannot be notified less than six months before the end of the term of the Assembly — unless the Assembly is dissolved before it completes its term.
Article 174(2)(b) of the Constitution says the Governor “may from time to time” dissolve the Legislative Assembly. The Council of Ministers can recommend dissolution of the House to the Governor before the end of its term, forcing a decision. Once the assembly has been dissolved, the ECI has to conduct fresh elections within six months.
In September 2018, the Telangana Cabinet led by then Chief Minister K Chandrasekhar Rao recommended the dissolution of the assembly, whose term was to end in June 2019. The Governor accepted the recommendation, and assembly elections were held in 2018.
But the problem with Delhi is, it is not a ‘full’ state. In Delhi, the Government of National Capital Territory of Delhi Act, 1991, applies. While Section 6(2)(b) of the Act says the Lieutenant Governor (LG) may from time to time dissolve the assembly, even if a CM of Delhi recommends the dissolution of the assembly, the final say is the Centre’s (through the LG).
The new assembly has to be in place before the end of the current assembly’s term, which means the election process, including giving certificates of election to the winners and the completion of all formalities, has to be completed before that date.
The ECI works backwards from that date, planning the schedule based on the weather, availability of security forces, festivals, training of officers, procurement of EVMs, etc.
Before finalising the schedule, the ECI visits the state to take inputs from the administrative and police machinery. It also tries to club together voting in all states where polls are due around the same time.
Delhi is not preoccupying the ECI currently. The ECI is currently engaged in conducting the Jammu and Kashmir Assembly election, where voting in the first phase will take place on September 18. Two more phases will be held on September 25 and October 1.
Voting in Haryana will follow on October 5, and counting in both Haryana and J&K will be held on October 8.
Elections to the Maharashtra and Jharkhand assemblies are due next; the terms of these two Houses will end in November and January 2025 respectively.
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