It refers to news-reports about Jharkhand model of having floor-test being considered for solving Uttarakhand crisis. But best solution is to adopt improved version of model decided by Supreme Court in the case ‘UP government (Kalyansingh) vs Jagdambipal’ when for the only time a Chief Minister in the country was elected by secret votes of members of state-assembly in UP.
Improved model can be to elect Chief Minister simultaneously with new Speaker and Deputy Speaker by all members of the lower House by secret vote through Electronic Voting Machines (EVMs) on nomination signed by at least 34-percent members. Such an elected Chief Minister may only be removed by a no-confidence motion passed through same procedure but with compulsion to name alternate leader in the same motion.
MLAs not participating in such an election may be disqualified for voting in the assembly even though retaining membership of the House. In present Uttarakhand crisis if such a model is adopted, then even the rebel Congress MLAs disqualified by the Speaker should also be allowed to vote with new Speaker and Deputy Speaker also elected. Losing candidate in election for Chief Minister may be declared as Opposition Leader.
If the model is successful, then it can be adopted permanently for electing Prime Minister, Chief Ministers, Speakers and Deputy Speakers in the country for eliminating permanently problem of hung assemblies and mid-term elections.
SUBHASH CHANDRA AGRAWAL
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