E-Paper
JMM approaches Election Commission over by-poll in Gandey
While the JMM leadership and alliance partners have denied Hemant Soren’s intention to step down, the opposition Bharatiya Janata Party (BJP) approached governor CP Radhakrishnan and the ECI, contending that a by-election couldn’t be held in Gandey.
The ruling Jharkhand Mukti Morcha (JMM) approached the Election Commission of India (ECI) on Friday, demanding the poll body hold a by-election for the Gandey assembly seat without delay.
The Gandey assembly seat became vacant on December 31, 2023, following the resignation of JMM legislator Sarfaraz Ahmed.
This sparked rumors suggesting that chief minister Hemant Soren might step down due to an impending action by the enforcement directorate. Speculation arose that he would install his wife, Kalpna Soren, as the next CM, and she might contest the by-election from the assembly seat.
While the JMM leadership and alliance partners have denied Hemant Soren’s intention to step down, the opposition Bharatiya Janata Party (BJP) approached governor CP Radhakrishnan and the ECI, contending that a by-election couldn’t be held in Gandey.
Jharkhand BJP president Babulal Marandiand BJP MP Nishikant Dubey argued that, as per constitutional mandate and a judgment of the Bombay high court, “a by-election could only be held if the remainder of the term of a member about a vacancy is less than one year”.
Marandi wrote to the governor, citing the Bombay high court order, stating that the remaining period of the term should be calculated from the date on which the incoming member is declared elected, not from the date of the vacancy.
However, a JMM delegation, led by general secretary Vinod Pandey and Supriyo Bhattacharya, met chief electoral officer K Ravi Kumar on Friday.
They submitted a memorandum seeking an early election for the Gandey seat, citing a Supreme Court judgment that makes it “binding on the ECI to hold the by-election if there is one year left in the assembly’s tenure”.
The JMM’s letter to the CEO referenced Article 172 of the Constitution, highlighting that the five-year tenure of the assembly extends until January 5, 2025, as the first meeting of the fifth assembly occurred on January 6, 2020.
Referring to Section 151A of the Representation of Peoples Act, 1951, the letter emphasized that a by-election for any seat should be conducted within six months if at least one year of the assembly’s tenure remains, as is the case with Gandey.
Quoting the Supreme Court’s verdict in Pramod Laxman Vs Election Commission of India, the letter stressed that this provision was binding on the commission.
It cited an ECI press release from October 9, 2018, affirming that a by-election must be held within six months if one year of any House’s tenure remains.
Therefore, the JMM urged the prompt holding of a by-election in the Gandey assembly seat, now vacant due to Ahmed’s resignation.
