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Source- This post on Law Governing Assembly Elections is based on the article “Arvind Kejriwal wants early elections to Delhi Assembly. What does the law say?” published in Indian Express on 17th September 2024.
Why in News?
Arvind Kejriwal is likely to resign as Chief Minister during a meeting with Delhi Lieutenant Governor Vinai Kumar Saxena. Kejriwal has requested that Assembly elections in Delhi be held alongside those in Maharashtra, where a new House must be elected by November 26. However, the term of the Delhi Assembly is set to end on February 23, 2025.
About the Laws Governing Assembly Elections
1. Role of Election Commission of India (ECI): The ECI has the power to oversee and conduct elections under Article 324 of the Constitution. It ensures the election process is completed before the end of the Assembly’s five-year term by working backwards from the date the term expires.
2. Timing of Election Notification: Section 15(2) of The Representation of the People Act, 1951 specifies that an election cannot be announced less than six months before the Assembly’s term ends, unless the Assembly is dissolved early.
3. Chief Minister’s Authority: A Chief Minister cannot force the ECI to hold early elections. Under Article 174(2)(b), the Governor has the authority to dissolve the Legislative Assembly. The Chief Minister can recommend dissolution to the Governor, but the final decision rests with the Governor.
4. Dissolution of Assembly: Once the Assembly is dissolved, the ECI is required to hold fresh elections within six months. An example is Telangana in 2018 when the Chief Minister recommended early dissolution, and elections were conducted held ahead of schedule.
5. Specific Case of Delhi: Delhi, not being a full state, is governed by the Government of National Capital Territory of Delhi Act, 1991. While the Chief Minister can recommend dissolution, the final say rests with the Centre through the Lieutenant Governor (LG).
6. Election Commission’s Considerations for Scheduling: The ECI considers factors like weather, availability of security forces, festivals, and preparation of electoral rolls before scheduling elections. Elections are usually scheduled to ensure the new Assembly is formed before the current Assembly’s term expires.
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