Key Points
So the constitutional mandate will prevail Vikram Chaudhri, senior HC advocatee)..
Khattars move to resign from the Karnal assembly seat was primarily aimed at accommodating the newly sworn chief minister and Kurukshetra MP Nayab Singh Saini by getting him elected as a member of the state assembly..
However, the Representation of People Act,1951, the law enacted by the Parliament for the conduct of elections to the two houses of Parliament and state legislatures, bar a by-election to be held if the remaining term of the member is less than one year. ..
Section 151-A of the Representation of People Act say that the EC can fill a casual vacancy of the state assembly through a by-election within six months from the date of its occurrence provided that the remainder of the term of a member in relation to that vacancy is one year or more..
But since the constitutional mandate as per Article 164 (4) of the Constitution is that one cannot remain a minister for more than six months without being the member of the House, so the constitutional mandate will prevail, Chaudhri said..
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