The day it claimed credit for the ‘‘smooth conduct’’ of polls in Jammu and Kashmir, the Centre revived its battle with the Election Commission on Gujarat.In a 14-page submission to the Supreme Court on its reference due to be heard tomorrow, the Centre, has sought to ensure that elections should be held with Narendra Modi as caretaker Chief Minister—not under President’s Rule.In the process, the Centre has abandoned its much-touted stand on the six-month bar set by Article 174. First, it had argued that as per this provision, polls had to be held by October 6 since the last sitting of the Assembly was on April 6.However, now that the Supreme Court has approved the EC’s decision to delay polls, the Centre has shifted the goalpost to July 19, the day the House was dissolved.‘‘The Constitution envisages,’’ the Centre claimed in its submission, ‘‘a Council of Ministers continuing in office even after the dissolution of the Assembly until the next one is elected.’’ Not only has the Centre re-interpreted Article 174, it also dragged in Article 164 under which a Minister can hold office for six months without being a member of the House. In other words, Modi can continue until January 19—six months since the dissolution of the House. The Centre has also slammed the EC for its ‘‘presumption’’ that President’s Rule can be imposed on October 6 as Article 174 will otherwise stand violated.
