Chandigarh, March 12 (Punjab Khabarnama): Legal analyst Hemant Kumar discussed the potential hurdles facing Kurukshetra Lok Sabha MP Nayab Singh Saini’s bid to become the next Chief Minister of Haryana. He highlighted that since Saini is not currently a member of the Haryana Legislative Assembly, he can only hold the position of Chief Minister for a maximum of six months, as per Article 164(4) of the Constitution of India.
Kumar explained that the tenure of the current 14th Haryana Assembly is until November 3, 2024, although it can be dissolved earlier with the approval of the Governor. He noted that if any assembly seat becomes vacant after November 3, 2023, due to the death, resignation, or disqualification of an MLA, no by-election can be conducted if the remaining tenure of the previous MLA is less than one year, as per the Representation of the People Act, 1951.
However, Kumar mentioned that if a person is appointed as Chief Minister or Minister during the last year of the Legislative Assembly’s tenure, as in Saini’s case, a by-election can be conducted for any vacant assembly seat. He cited the example of 1986 when Bansi Lal won a by-election despite less than a year left in the term of the Haryana Assembly.
Kumar concluded that since there is currently no vacant seat in the 14th Assembly of Haryana, a by-election can only be held within the next six months if a sitting MLA resigns. However, Saini cannot become an MLA before September 11, 2024, so the current assembly must be dissolved before November 3, 2024, to hold the next general elections.
