Will Uttakhand CM resign to avoid constitutional crisis?

Uttarakhand chief minister Tirath Singh Rawat has reportedly offer to resign from his post. He was sworn in the CM in March this year.  It is said that he has written a letter to the party high command in this regard to avoid a Constitutional crisis in the state. As per the Constitution, a minister or the chief minister has to get elected to the state legislature within six months of taking oath. The person can either be elected to the legislative assembly or the legislative council (in states that have two houses). Uttarakhand does not have any legislative council.

According to Article 164 (4) of the Constitution, "A minister who for any period of six consecutive months is not a member of the legislature of the state shall at the expiration of that period cease to be a minister."Since chief minister is also a minister, this condition applies to him too. In the case of Tirath Singh Rawat, he has until September 10 to get elected to the Uttarakhand Legislative Assembly through a byelection. In case Tirath Singh Rawat does not get elected to the Uttarakhand Assembly by September 10, the state would be staring at a constitutional crisis.

The Bharatiya Janata Party leadership is yet to formally announce a decision with regard to whether the current CM, Tirath Singh Rawat, will continue in the position or not. The CM’s meeting with BJP president JP Nadda on Friday, the second such this week, has fuelled speculation about a possible change in the leadership.