Legal Controversy Surrounds Karnal Assembly By-Election

Following the Election Commission of India‘s (ECI) decision to withhold the Akola West Assembly by-election in Maharashtra, questions arise about the legitimacy of the upcoming Karnal assembly by-election in Haryana. Legal experts argue for its constitutionality despite opposition concerns.

The Akola West by-election suspension, ordered by the Bombay High Court, prompted Congress MLA Neeraj Sharma to petition the ECI to quash the Karnal by-election slated for May 25. Sharma deems it a “wastage of public money” since the elected representative would serve only a few months, with the current Haryana Assembly term ending November 3, 2024.

However, legal experts argue that CM Saini’s candidacy justifies the by-election. According to Article 164(4) of the Constitution, a non-MLA Chief Minister can hold office for six months. Hence, CM Saini must be elected as an MLA within this timeframe.

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Citing historical precedents in Haryana and Odisha, such as the 1986 Haryana by-election despite a term of less than a year remaining, advocates assert the constitutional validity of such elections.

As the debate unfolds, stakeholders await further guidance from the ECI on the Karnal assembly by-election’s fate.


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