Punjab & Haryana High Court Dismisses Plea Challenging Untimely By-Poll For Karnal Constituency Being Contested By CM Nayab Singh Saini

The Punjab & Haryana High Court today, dismissed the plea challenging the notification issued by the Election Commission of India to hold a by-election for Haryana's Karnal constituency scheduled for May. The seat had fallen vacant on March 13 after former CM Manoharlal Khattar resigned.

A division bench of Justice Sudhir Singh and Justice Harsh Bunger dismissed the petition which was listed for pronouncement today, however, a detailed order is awaited.

The new Chief Minister Nayab Singh Saini from BJP is contesting from Karnal as he is not a member of the Legislative Assembly and as per Article 164(4) of the Constitution, "a Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister."

The plea stated that conducting a by-election violates Article 151 (A) of the Representation of People's Act, 1951 because as per the proviso of the Section by-election cannot be conducted for the seat when the remainder of the term of the member in relation to a vacancy is less than one year. The Haryana Assembly was formed on November 4, 2019, and it is completing its term on November 3, 2024.

"It is imperative to underscore that the result of the aforementioned by-election, as per the stipulated schedule, is slated for declaration on 04.06.2024, with the legislative assembly's term set to expire on 03.11.2024. Prior to the said expiration date, the implementation of the code of conduct would be necessitated in the State of Haryana for conducting the fresh general elections," the plea submitted.

Consequently, the incoming elected member would scarcely have a period of approximately two months to discharge duties as a legislative assembly member representing the constituency, the plea added.

A PIL was also filed challenging the appointment of Haryana's new Chief Minister Nayab Singh Saini. It was contended that Saini could not hold the position of Chief Minister without being a member of the legislative assembly of Haryana as such.

While listing the matter for April 30, the Court asked the State and Union Governments whether Chief Minister Nayab Singh Saini could run the government without being elected as a member of the Haryana State Assembly.

Title: Kunal Chanana v. ECI & Ors.