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

The Punjab & Haryana High Court today, dismissed a PIL 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 Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji dismissed the plea of a Haryana resident, Ravinder Singh Dhull who had challenged the election notification on the ground that the period of assembly is less than one year.

It was argued that the election notification is violative of Section 151 (A) of the Representation of People's Act, 1951 because as per the proviso of the Section, bye-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, which means less than one year is remaining for the completion of the term.

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."

A division bench of Justice Sudhir Singh and Justice Harsh Bunger had recently dismissed a similar writ petition wherein it said that "The new Cabinet under Shri Naib Singh Saini, Chief Minister, took oath on 12.03.2024 and since Shri Saini is not a member of the Legislative Assembly, therefore, in terms of Article 164(4) of the Constitution of India, he is obligated to get himself elected as a member of the State Legislative Assembly within six months of taking oath as the Chief Minister i.e. within six months from 12.03.2024."

The bench had further noted that the Karnal constituency is the only vacancy available for the holding of bye-election and considering the fact that the remainder term of the new incumbent Chief Minister is less than one year and the vacancy is available, no fault can be found with the ECI notification.

Case: Ravinder Singh Dhull v. State of Hayana & Ors.