Mumbai, April 12: The Bombay High Court will tomorrow take a decision on an application filed by the Election Commission seeking permission to hold elections to a vacant post in the Legislative Council, for which Maharashtra Chief Minister Prithviraj Chavan is contesting.
Chavan, who took over the reins of Maharashtra on November 11, 2010, is required to be elected as member of the State Legislature within six months failing which he would cease to be a minister under provisions of the Indian Constitution.
Sanjay Dutt, a Congress legislator from Kalyan, who had won elections last year, had resigned from the post last month to facilitate the CM”s election.
The EC had approached the High Court yesterday seeking permission to declare the bye-elections which would be completed by May 10. The elections are necessary for Chavan to continue after May 11.
The Commission had to seek permission to hold the elections as former Shiv Sena MLC, Anil Parab had in January this year challenged June 2010 Maharashtra Legislative Council elections in which four MNS MLAs were allowed to vote despite being under suspension.
Justice R P Sondurbaldota after hearing brief submissions made by EC”s lawyer adjourned the matter till tomorrow for final hearing.
The Commission while opposing Parab”s petition has said even if Parab”s stand of four suspended legislators not being entitled to vote last year, was accepted, Dutt”s win would not be affected.
Parab in his petition had alleged that the four suspended MLAs were allowed to vote for Congress, as the ruling coalition agreed to revoke their suspension on the condition that they would vote for the party.
——–PTI