Chandigarh. With the announcement of assembly elections in Haryana, a constitutional crisis has arisen before the government regarding calling the assembly session. As per the rules, it is necessary to call the assembly session within six months. In such a situation, the officials of the Assembly Secretariat have started meeting with legal experts to find a suitable solution in this regard.
The last session of the state assembly was held on March 13. In which the newly elected Chief Minister Nayab Saini won the trust vote. After this, it is mandatory to call a session by September 12. Earlier, in Haryana itself, during the Corona period, a one-day session was called to avert this crisis.
The Assembly Speaker himself has spoken to the Advocate General in this regard. To fulfill the constitutional condition, the government can call a single sitting session for a long time. If the session is not called, the Governor can dissolve the Assembly at his own level after assessing the situation. Then the government will end. The Governor will make Naib Saini the acting CM and ask him to continue the work.
The 15th Vidhan Sabha is currently in session in the state. Elections for the formation of the 16th Vidhan Sabha have been announced. Its notification will be issued on 5th September. Voting for this will be held on 1st October and counting on 4th October. The term of the current Vidhan Sabha is till 3rd November.
According to Punjab and Haryana High Court advocate Hemant Kumar, there should not be a gap of more than 6 months between two sessions of the assembly. Therefore, it is mandatory to call a session of the assembly by September 12. Even if it is for a period of one day. According to Hemant Kumar, if the Governor dissolves the assembly prematurely on the recommendation of the cabinet before September 12, then there will be no need to call the next session.
This session of the Assembly is also important because a total of five ordinances have been issued by the Governor under Article 213 (1) of the Constitution of India. If the Assembly is dissolved prematurely, the validity of these 5 ordinances will not be affected.
