Wednesday, Aug 12, 2020 | Last Update : 06:22 PM IST

140th Day Of Lockdown

Maharashtra53560136843518306 Tamil Nadu3086492506805159 Andhra Pradesh2445491547492203 Karnataka1886111055993398 Delhi1461341316574131 Uttar Pradesh126722767212120 West Bengal98459671202059 Bihar8274154139450 Telangana8075157586637 Gujarat71064542382652 Assam5883842326145 Rajasthan5249738235789 Odisha4592731785321 Haryana4163534781483 Madhya Pradesh3902529020996 Kerala3433121832109 Jammu and Kashmir2489717003472 Punjab2390315319586 Jharkhand185168998177 Chhatisgarh12148880996 Uttarakhand96326134125 Goa871259575 Tripura6161417641 Puducherry5382320187 Manipur3752204411 Himachal Pradesh3371218114 Nagaland30119738 Arunachal Pradesh223115923 Chandigarh1595100425 Meghalaya11154986 Sikkim9105101 Mizoram6203230
  Metros   Mumbai  13 Nov 2019  President’s rule likely till repoll: Expert

President’s rule likely till repoll: Expert

THE ASIAN AGE. | SHAHAB ANSARI
Published : Nov 13, 2019, 2:27 am IST
Updated : Nov 13, 2019, 2:27 am IST

In the meantime, Mr Aney added, any political party can approach the governor with the proposal to form the government.

Former advocate general of Maharashtra Shrihari Aney (Photo: File)
 Former advocate general of Maharashtra Shrihari Aney (Photo: File)

Mumbai: Although Maharashtra has come under President’s rule, political parties still have the opportunity to take a shot at forming the government. All that the political parties need to do is to satisfy the governor that they have the required number and will be able to showcase their strength on the floor of the House.

While President’s rule can be imposed for a minimum period of six months, its quantum can be extended up to three years, However, once President’s rule is in place, the procedure for holding re-election starts without waiting for any political party to come up with the proposal to form the government.

 

Explaining the current situation, Shrihari Aney, former Advocate General (AG) of Maharashtra, said that President’s rule could be imposed for variety of reasons. He also noted that the situation in Maharashtra this time is unique.

“This is a situation where the election did not yield a majority government. So, another election will have to be held. Whatever time it takes to prepare for another election, President’s rule will be in place until then,” he said.

In the meantime, Mr Aney added, any political party can approach the governor with the proposal to form the government. The governor, however, will not wait for anybody to approach him and the process of calling a new election will start, he further added.

 

Mr Aney said the Election Commission would proceed as per its normal course to hold new election and announce the dates whenever it is ready.

Another lawyer, Asim Sarode, said, “According to the Constitution, President’s rule can be the last option. Using it without attempting many other (available) options is definitely bad.”

Mr Sarode noted that the governor has the responsibility to ask all parties and look at every possibility of forming a government due to the positive nature of Article 172. Article 172 of the Constitution states: “Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly.”

 

Mr Sarode, a Pune-based lawyer, also pointed out that the governor providing lesser time to parties for showing their intent to form the government is problematic.

Tags: president’s rule, shrihari aney