Delhi government formation: What is BJP's secret ballot

Written by Express news service | New Delhi | Updated: Sep 8 2014, 16:09pm hrs
Leaders of the BJP are looking at using Section 175 of the Constitution and Section 9(2) of the NCT Act to support their claim that a secret ballot is possible. Both these Acts allow the Governor to send a message to the Assembly, which will then convene and consider the message.

Section 9(2) of the NCT Act says, "The Lieutenant-Governor may send messages to the Assembly, whether with respect to a Bill then pending in the Assembly or otherwise, and when a message is so sent the Assembly shall, with all convenient dispatch, consider any matter required by the message to be taken into consideration.

Those in the know within the BJP said there is precedent that the Governor asks the House to elect a leader. Any election in this scenario, experts say, will not require a whip. This is because this sitting has been called by the Governor, and not by the House or the Speaker. A whip only applies in that case, S K Sharma, former secretary of the Delhi Assembly, said.