Gujarat reference hearing complete

The Centre on Thursday told the Supreme Court that the Election Commission should consider the constitutional obligation of the President and the governor to summon a House within six months of its last sitting while framing a poll schedule.

Submitting the presidential reference on Gujarat before the constitutional bench hearing, solicitor general Harish Salve told the apex court that the EC should keep in mind that under Article 174 the President and the governor are duty-bound to summon the House within six months of its last sitting.

He said the EC, while exercising its powers under Article 324, should set the dates keeping Article 174 in mind.

He told the five-judge bench headed by Chief Justice B.N. Kirpal that the power of the commission to hold polls did not override the mandate under Article 174. But Mr. Salve said that conducting free and fair elections was also important.

Mr. Salve said: "Whatever be the constitutional infractions, it always does not lead to Central Rule as it depended on two other high constitutional functionaries - the President and the governor."

President A.P.J. Abdul Kalam has referred the commission’s order to the Supreme Court.

The EC maintains that the situation in the state is not conducive to holding Assembly polls.

Republished from The Asian Age