Arvind Kejriwal picks Atishi as new CM. But will Delhi see early elections?

All eyes are on Delhi Chief Minister Arvind Kejriwal. After dropping a bombshell on Sunday (September 15) that he would be resigning from his post as chief minister, he has sought an appointment with Lieutenant Governor VK Saxena at 4.30 pm today (September 17) where is likely to submit his resignation.

On Sunday while making the announcement, just two days after he secured bail from the Supreme Court in a graft case linked to the alleged Delhi excise scam, Kejriwal said that he would resign two days later and also sough early polls in the Indian capital, vowing that he wouldn’t sit in the CM’s chair until people granted him a “certificate of honesty”.

“I will only sit in the chief minister’s chair after the people give me a certificate of honesty. I want to give ‘agnipariksha’ (trial by fire) after coming out of jail… When Lord Ram returned from his exile after 14 years, Sita Maiyya had to undergo ‘agnipariksha’. I have come out of jail and I am ready to undergo agnipariksha,” he said.

But will Delhi see early elections? What’s the procedure for it? Is the Capital ready for polls? We get you these answers.

Kejriwal’s push for early polls

On Sunday, after he walked out of Tihar jail in Delhi, Arvind Kejriwal made a bombshell announcement of
stepping down as Delhi chief minister. Speaking from the AAP headquarters in the Capital, he said, “I got justice from the legal court, now I will get justice from the people’s court… I want to ask the people of Delhi, is Kejriwal innocent or guilty? If I have worked, vote for me.”

In his statement, he asked that Delhi hold early elections — in November — along with the state of Maharashtra. However, the term of the Delhi Assembly ends only on February 23, 2025.

Explaining his move, he told AAP workers, “You must be wondering that he has just been released from jail, why is he resigning? The BJP has alleged that Kejriwal is a thief, Kejriwal is corrupt, Kejriwal has betrayed Bharat Mata. I did not come here to play this game of money from power and power from money, I came here to do something for the country.”

Many poll pundits believe that Kejriwal’s move is an attempt to garner sympathy from the people. It’s also an attempt to hit back at allegations that he is corrupt and enjoying the perks and privileges of a top post despite being named an accused in a crime. One party functionary told news agency PTI, “This is a move to re-establish Kejriwal’s image as a crusader against corruption, committed to the people and the country.”

Following his announcement, Kejriwal on Monday held “one on one” meeting with party leaders during the Political Affairs Committee to discuss the name of a new Delhi chief minister. According to AAP’s Saurabh Bharadwaj, Kejriwal sought feedback on each leader on his replacement.

And on Tuesday (September 17), AAP announced that
Atishi would be the new chief minister of Delhi, after the party unanimously agreed on her name as his successor.

Law on early polls

While Kejriwal has asked for early elections in the Capital, what does the law say on this matter? As per the Constitution of India, the job of conducting elections is vested with the Election Commission of India.

The Constitution under Section 15 of the Representation of the People Act, 1951, also states that an election cannot be notified less than six months before the end of the term of the Assembly — unless the Assembly is dissolved before it completes its term.

The term of the Delhi Assembly ends only in February next year, giving the EC enough time to hold polls later in the year.

Moreover, as Delhi is not a full state, Section 6(2)(b) of the Government of National Capital Territory of Delhi Act, 1991 applies, which states that the Lieutenant Governor may from time to time dissolve the Assembly, even if a chief minister of Delhi recommends the dissolution of the Assembly, the final say is the Centre’s (through the LG).

Notably, Kejriwal has not called for the dissolution of the Assembly; he only said he would resign and a successor to his post would be appointed.

A constitutional expert pointed out in an Economic Times report that the Kejriwal government would probably have to write to the poll body providing reasons for holding early elections but the decision will rest with the authority. “Legally, the EC has the power to hold the Assembly elections in Delhi alongside Maharashtra. But on previous occasions, the polls in Delhi were held separately. The EC should have a reason to club Maharashtra and Delhi polls,” said the expert.

Speaking on the same, the Election Commission said that it saw no urgency in calling for early polls in Delhi, adding that no one party or government can dictate these terms. Additionally, the government in Delhi is stable and owing to this, there’s no reason for the polls to be brought forward.

The polling authority also added that even if the Assembly is dissolved, a caretaker chief minister can handle the governance and administration of the area until elections are held in February.

Delhi’s preparedness for polls

The EC’s reasoning for not advancing the Delhi Assembly elections also has to do with the preparedness of the polling body. As of now, the EC is concentrating on conducting polls in
Jammu and Kashmir, where voting in the first phase will take place on September 18. Moreover, Haryana elections are due on October 5.

The next elections on their schedule are Maharashtra and Jharkhand where the Assemblies end in November and next January respectively. If the EC were to advance the Delhi polls, it would be a strain on the country’s security forces, which are required to ensure that voting is free and fair and without any violence.

There’s also the matter of electoral roll revision, Electronic Voting Machines (EVM) checks that need to be done in order to hold early elections, rather than the tentative February schedule.