Context: Recently, a constitutional crisis has occurred in Maharashtra that threatens the position of incumbent Chief Minister.
Key Points

• The CM of Maharashtra, who took oath in November, will have to get elected to either of the houses of the state legislature before last week of May, as per Article 164(4) of the Constitution.
• The Maharashtra cabinet recommended Thackeray’s name to the Governor for one of the vacant posts in the Upper House after the EC deferred elections indefinitely.
• However, the Election Commission has already postponed Rajya Sabha polls, byelections and civic body elections in the wake of the pandemic.
• Governor’s quota: The state cabinet on April 9, 2020 recommended that the present Chief Minister be nominated to the Legislative Council from the Governor’s quota.
• Article 171 of the Constitution mandates the Governor to nominate members to the Legislative Council who have special knowledge or practical experience in literature, science, art, cooperative movement and social service.
• However, the Governor has not taken any decision yet, which has created trouble for Uddhav Thackeray’s CM post.
• Other legal issue: The other legal issue is related to Uddhav Thackeray’s nomination to the Legislative Council on the vacant seats.
• According to Section 151A of Representation of the People Act 1951, nomination to the post cannot be done if the remainder of the term of a member in relation to a vacancy is less than one year.
• Currently, there are two vacancies in Council whose terms will end on June 6, 2020. Therefore, the term of these two vacancies is less than one year.

Bypoll: The time limit for a bypoll to fill vacancies is six months from the date of occurrence of vacancy. Provided that nothing contained in this section shall apply if —

• The remainder of the term of a member in relation to a vacancy is less than one year; or
• The Election Commission in consultation with the Central Government certifies that it is difficult to hold the by-election within the said period.