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Can Naidu challenge election commission?

Can Naidu challenge election commission?

The statement made by Telugu Desam Party president and Andhra Pradesh chief minister N Chandrababu Naidu that his government would move the court if the Centre decides to go in for early elections for the state assembly along with Lok Sabha, has surprised political observers.

It made them wonder whether Naidu was talking through his hat or he really did not know the rules and regulations of the Election Commission.

Naidu told a meeting of the party leaders that he would not allow any attempt by the Centre to hold early elections in Andhra Pradesh and that the state would go to polls in May 2019 as per the original schedule.

“There is news from Delhi that the Centre is contemplating advancing the Lok Sabha elections and holding  the simultaneous elections to several state assemblies including that of AP. It is likely to hold a meeting of various political parties on simultaneous polls and might go in for Constitutional amendment in the coming budget session,” he said.

Naidu said his party would strongly oppose the same and if any such decision was taken, it would move the Supreme Court to stop it.

“We don’t mind facing the Lok Sabha elections in advance, but for the state assembly, we shall continue till the completion of full term,” he said.

But what Naidu doesn’t know perhaps is that the Election Commission has powers to hold the elections six months before the scheduled completion of its term.

Since Andhra Pradesh government was formed on June 8, 2014, the new assembly could be formed any time after December 7, which is six months before the term.

It would mean, the EC can announce the assembly election schedule in October and issue the notification sometime in November, so that elections can be completed and results would be out before December.

The new assembly could be formed on or after December 7. There is no way Naidu can challenge the EC decision in court, say analysts.

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