A former Congress MLA has warned that Uttarakhand was heading towards a "constitutional crisis" as BJP chief minister Tirath Singh Rawat - who took the oath in March this year and needs to win an assembly seat by September 10 - cannot contest bypolls as per law since assembly elections are less than a year away. Uttarakhand is set to go to polls early next year.

According to Nav Prabhat, who was transport minister in the Harish Rawat government, provisions of section 151A of the Representation of the People Act mandate that a bypoll cannot be held in a situation where only a year is left for state polls. "The state is heading towards a constitutional crisis. CM Tirath Singh Rawat's six-month tenure ends on September 10, BJP will have no option but to name a new chief minister," Prabhat told media.

He said that in one instance in Punjab, the Supreme Court termed the reappointment of a minister - who was not elected within six months - as invalid and unconstitutional. Uttarakhand agriculture minister Subodh Uniyal, however, asserted that the Congress was trying to mislead people through half-baked information."

Two assembly seats - Gangotri and Haldwani - are lying vacant. Gangotri seat fell vacant on April 22 after the demise of Gopal Rawat while Congress MLA from Haldwani, Indira Hridayesh passed away this month. Tirath Rawat is likely to contest from Gangotri. 

(With inputs from agencies)