Mumbai, Oct 21 (PTI) Election Commission sources on Monday dubbed as “baseless and devoid of understanding of constitutional scheme” allegations by Shiv Sena (UBT) leader Sanjay Raut that the poll panel’s Maharashtra poll schedule, which gives only 48 hours for government formation, is a “BJP ploy” to ensure the MVA is unable to stake a claim.
The current assembly’s term ends on November 26. The state will go to polls on November 20, while the votes will be counted on November 23.
Sources in the office of the state chief electoral officer said the EC’s role is to conduct elections and submit the list of newly-elected MLAs to the governor within six months of completion of the term of assembly, as per Section 15 of Representation of the People Act 1951 read with Article 172(1) of the Constitution.
The Commission will conclude this process before November 26 and immediately after the counting is concluded on November 23.
After the list of newly-elected MLAs is submitted, the governor can invite and call for the formation of the government, within his mandated constitutional duties as per Article 164, which is not bound by the term of expiry of assembly — November 26, they said.
The relevance of November 26, 2024, is only for the completion of the election process by EC, they underlined.
Speaking to reporters here on Sunday, Raut, who is a Rajya Sabha MP, alleged, “The BJP with Amit Shah seems to have accepted that the party would not win the Maharashtra assembly polls. There appears to be a strategy to limit the time available for the Maha Vikas Aghadi to discuss and decide about government formation. If the MVA constituents fail to stake a claim, the governor will recommend the President’s Rule for six months.” He claimed the BJP was taking proactive steps to keep the MVA from returning to power.
“Additionally, the ECI has scheduled the polls in such a way that it restricts the MVA’s opportunity to form a government effectively,” he had said. PTI NAB NAB RT RT
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