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SC receives presidential reference on Gujarat

The reference will be placed before Chief Justice B N Kirpal, who will decide the suitable bench of the apex court to look into the matter, Registrar General R C Gandhi said.

The three-point reference, made under Article 143 of the Constitution, is believed to have raised the following questions:

• The use of Article 174 subject to the decision of the Election Commission on the schedule of the elections.
• Whether the EC can recommend President's rule in Gujarat.
• Whether the commission is under a duty to carry out the mandate of Article 174 by drawing upon all the requisite resources of the state and Union to ensure free and fair poll.

Under Article 174, an assembly is under constitutional obligation to meet at least once in six months and the gap between two consecutive sittings should never be more than six months.

Article 324 vests the commission with the power of superintendence, direction and control of elections.

President A P J Abdul Kalam had on Monday signed the reference made to him by the government in the wake of the EC's order ruling out assembly polls in Gujarat before November this year.

PTI

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