CHANDIGARH: The Election Commission of India (ECI) has announced detailed Election Schedule for General Elections for next i.e. 15th Gujarat Legislative Assembly which would be in two phases for which polling would be conducted on Dec 1 and Dec 5 while the counting would be on Dec 8 along with the State of Himachal Pradesh where polling would be conducted on Nov 12.
Meanwhile, in the Press Note on upcoming Gujarat Assembly General Elections as issued by ECI today, the tenure of the current 14th Gujarat Assembly has been mentioned as from 19 Feb 2018 to 18 Feb 2023.
However, an Advocate at Punjab and Haryana High Court, Hemant Kumar has termed the above mentioned duration of current 14th Gujarat Assembly in the ECI's Press Note as incorrect. He has sent an email to Rajiv Kumar, Chief Election Commissioner (CEC), Anup Chandra Pandey, sole Election Commissioner (EC) along with other senior officers of ECI coupled with a copy to Chief Electoral Officer (CEO) of Gujarat wherein he has categorically asserted that actually the duration/term of current 14th Gujarat Legislative Assembly is from 23 January 2018 to 22 January 2023 and not 19 Feb 2018 to 18 Feb 2023 as has been mentioned in the ECI's Press Note as issued today since the very first meeting of the current 14th Gujarat Assembly was convened on 23 January 2018 wherein the newly elected MLAs of then newly elected current Gujarat Assembly took Oath.
In support of his point, Hemant has also attached a photo/screenshot of a tweet posted from the official Twitter handle of CMO, Gujarat dated 23 January 2018 which clearly substantiates the date of such Oath taking of the newly elected MLAs of current 14th Gujarat Assembly as 23 January 2018.
In view of the same, Hemant has asserted that the duration/term of current Assembly should be counted from 23 January 2018 and consequently it should be till 22 January 2023 as per Article 172 of Constitution of India which stipulates that Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and the expiration of the said period of five years shall operate as a dissolution of the Assembly.
The Advocate has appealed/requested the ECI to immediately correct/rectify its Press Note by mentioning correct duration/term of the current 14th Gujarat Legislative Assembly. Nine months back, Hemant also wrote to ECI raising similar point with respect to tenure of erstwhile Uttar Pradesh Assembly.
Further, giving example of the current 17th Lok Sabha too, Hemant affirms his point by asserting that its duration is till 16th June, 2024 since the very first meeting of current Lok Sabha was convened on and from 17th June 2019 when Oath was administered to newly elected Lok Sabha MPs followed by election of Om Birla as Speaker on 19th June 2019.