Face2News/Chandigarh
Election Commission of India (ECI) on March 29 announced detailed Election Schedule for General Elections for next i.e. 16th Karnataka Legislative Assembly which would be conducted in single phase for which polling would be conducted on May 10 while the counting would be on May 13. The entire Election process would be completed before 15 May 2023.
Meanwhile, in the Press Note on upcoming Karnataka Assembly General Elections as issued by ECI, the tenure of the current 15th Karnataka Assembly has been mentioned as from 25 May 2018 to 24 May 2023.
(SUBHEAD)However, an Advocate at Punjab and Haryana High Court, Hemant Kumar has termed the above mentioned duration of current 15th Karnataka Assembly in the ECI's Press Note as wrong. He has sent a memorandum cum appeal to Rajiv Kumar, Chief Election Commissioner (CEC) and two Election Commissioner (ECs) Anup Chandra Pandey and Arun Goel along with other senior officers of ECI coupled with a copy to Chief Electoral Officer (CEO) of Karnataka wherein he has categorically asserted that actually the duration/term of current 15th Karnataka Legislative Assembly is from 19 May 2018 to 18 May 2023 and not 25 May 2018 to 24 May 2023 as has been mentioned in the ECI's Press Note issued on 29 March 2023 since the very first meeting of the current 15th Karnataka Legislative Assembly was convened on 19 May 2018 wherein the newly elected MLAs of then newly elected current Karnataka Assembly took Oath and also there was a scheduled Confidence/Trust Vote in the House in compliance of the orders of the Hon'ble Supreme Court of India on that very date i.e. 19 May 2018.
In view of the same, Hemant has asserted that the duration/term of current Karnataka Legislative Assembly should be counted from 19 May 2018 and consequently it should be till 18 may 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 15th Karnataka Legislative Assembly. Last year, Hemant also wrote to ECI raising similar points with respect to tenures of erstwhile Uttar Pradesh Legislative Assembly and Gujarat Legislative 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.
