Although being elected from Gujarat on 20 Feb 2024, Nadda's tenure as Rajya Sabha MP would commence w.e.f. 3 Apr 2024 after publication of Gazette Notification — Advocate Hemant Kumar
(MOREPIC1) Face2News/Chandigarh –
On 4 March 2024, a Notification by Rajya Sabha Secretariat was published in the Gazette of India which mentioned that Jagat Prakash Nadda, an elected Member of the Council of States (Rajya Sabha), representing the State of Himachal Pradesh, resigned his seat in the Rajya Sabha and his resignation has been accepted by the Chairman, Rajya Sabha with effect from 4 March, 2024. Nadda is currently the National President of BJP since Jan, 2020 whose tenure has been extended till June, 2024.
Last month on 20 Feb 2024, Nadda along with three others BJP candidates were declared elected unopposed for Rajya Sabha from the State of Gujarat.
Meanwhile, Hemant Kumar, an Advocate at Punjab and Haryana High Court who is also a political commentator expressed utter surprise over why Nadda preferred to resign as Rajya Sabha MP from the State of Himachal Pradesh, the State from where he was elected to Rajya Sabha twice, his first tenure was from 3 April 2012 to 2 April 2018 and immediately followed by next term from 3 April 2018 to 2 April 2024.
Pertinent that Nadda began his political innings from the State of Himachal Pradesh itself by getting elected to State Legislative Assembly thrice firstly in 1993 followed by in 1998 and 2007. During two BJP Governments in Himachal Pradesh headed by Prem Kumar Dhumal i.e. from 1998-2003 and 2007-2012, Nadda also remained Cabinet Minister in Dhumal's dispensation.
Be that as it may, now Nadda resigning a month before his Rajya Sabha tenure was to get completed on 2 April 2024 from that very State of Himachal Pradesh is difficult to predict.
As far as Nadda''s fresh Rajya Sabha election from the State of Gujarat is concerned, Hemant says notwithstanding the fact that he has been declared elected unopposed from Gujarat and he has also been granted Election Certificate by the Returning Officer, however Nadda's tenure as Rajya Sabha MP from Gujarat would commence only with effect from 3 April 2024 after the requisite statutory declaration in the form of Notification pertaining to his election to Rajya Sabha from the State of Gujarat along with another Notification as mandated under Section 71 of Representation of the People Act, 1951 would be published in the Gazette of India by the Legislative Department under Union Ministry of Law and Justice on 3 April 2024 itself.
Till then, there was constitutionally or legally no need or requirement for Nadda to resign as Rajya Sabha MP from Himachal Pradesh and he would have easily continued as such till 2 April 2024.
Be that as it may, Hemant quips that hence in view of the above for the period between 5 March 2024 to 2 April 2024, JP Nadda would not be Rajya Sabha MP neither from Himachal Pradesh and nor from Gujarat since his tenure from there would commence only with effect from 3 April 2024 consequent upon publication of Gazette Notification on that very date.
