Can Arvind Kejriwal's resignation push EC to call early polls in Delhi?

AAP national convener Arvind Kejriwal on Tuesday proposed Atishi's name as the new CM of Delhi. (File Photo: PTI)

The Election Commission of India could hold elections in Delhi along with Maharashtra and Jharkhand in November this year, suggested former Chief Election Commissioner SY Quraishi on Tuesday.

“When we (EC) club elections, we always look at the date by which we have to conduct the elections. Obviously, it will be the first of the three dates (of the expiry of Maharashtra, Jharkhand and Delhi Assemblies) which will guide us. Elections in Maharashtra, or any state for that matter, cannot be delayed even by a day. Since elections in Maharashtra have to be conducted before November 26, the other two can also be advanced,” Quraishi told Moneycontrol.

The terms of the Maharashtra and Jharkhand assemblies conclude on November 26 and January 5, respectively, while the tenure of the Delhi Assembly ends on February 23.

On Tuesday, Aam Aadmi Party national convener Arvind Kejriwal met Delhi’s Lieutenant Governor VK Saxena and resigned as the Chief Minister of Delhi, paving the way for Atishi’s appointment as the third woman CM of the capital. Earlier in the day, the AAP legislature party unanimously elected Aitshi as their new leader.

Announcing his resignation during an address to party workers on Sunday, Kejriwal had demanded that the elections in Delhi be advanced and held in November along with Maharashtra polls. Party leader Gopal Rai echoed this demand on Tuesday when he announced that Atishi will lead the AAP government in Delhi.

While the Election Commission of India has not officially reacted to the demand, a media report citing officials from the office of the chief electoral officer of Delhi said the poll panel announced the special summary revision of the photo electoral roll in August, keeping in mind the tentative schedule of February 2025 for the state polls. The ongoing exercise is scheduled to conclude in early January 2025, and the final publication of electoral rolls is planned for January 6, 2025, Hindustan Times quoted the official as saying.

While maintaining that the EC is not duty bound to accept the recommendations of the Chief Minister, Quraishi said the possibility of the elections in Delhi getting clubbed with Maharashtra and Jharkhand in November this year could not be ruled out.

"In my opinion, the Delhi elections are going to be advanced in the normal course unless some extraordinary political considerations come into play," the former CEC said.

Quraishi also dismissed any potential impact of the Chief Minister's recommendation to dissolve the Delhi assembly as a tactic to pressure the Election Commission into scheduling early elections.

"Suppose he dissolves it today, it doesn't force the hands of the Election Commission to hold elections in Delhi tomorrow. In fact, it gives them more flexibility,” he explains.

The rules stipulate that once an Assembly or Parliament is dissolved, the Election Commission has to hold the elections within six months. “With the EC already bound to hold the elections within 4 months, dissolution will give them 2 more months. So, to say that dissolution of the Assembly to force the EC is unnecessary,” the former CEC said.

“In any case, in the current situation when the term of the House is ending in 3-4 months anyway, dissolving the Assembly would give the EC six months,” he added.

Former Lok Sabha secretary general and constitutional expert PDT Achary said that the Chief Minister can recommend the dissolution of the House provided he or she enjoys majority. But that wouldn't necessarily imply that the Election Commissions would have to call polls in Delhi earlier than February.

"The Election Commission goes by the law. The law says that elections need to be held within six months before the expiry of the term of the Assembly. So elections can be held any time within this period," Achary told Moneycontrol.