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Wednesday, October 5, 2011

Q. If the Vidhan Sabha of a State is under dissolution, the elections to the office of President can be held or not?

Ans. The Constitution prescribes that the members of the Vidhan Sabha of each State shall be part of the Electoral College constituted for the election of President. However, the Constitution does not provide specifically whether members of the Vidhan Sabha of each State shall be available during election or not. But it was subsequently incorporated by 11th Constitution Amendment, 1961, that the election of President cannot be challenged on the ground of any vacancy in the Electoral College, constituted for the election of President. During 1974 elections to the office of the President, the Vidhan Sabha of Gujarat was under dissolution and this matter was referred to the Supreme Court for its legal opinion on this issue. The court held the opinion that the elections to the office of the President may be held even during the dissolution of the Vidhan Sabha of  a State.

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