As Chief Minister Arvind Kejriwal pitches for early assembly polls in Delhi, experts on Sunday said the city government may have to write to the Election Commission giving reasons behind the demand.
The final decision will, however, rest with the poll panel on when to hold the polls.
The term of the Delhi assembly ends on February 23 next year and the polls are expected to be held sometime early February.
Kejriwal on Sunday demanded that polls in Delhi be held in November alongside Maharashtra.
The term of the Maharashtra Assembly ends on November 26.
The experts, who are conversant with provisions of the Constitution as well as the Representation of the People Act, said the Delhi government may have to write to the Election Commission (EC) giving reasons for holding early polls but the decision will rest with the poll authority.
"Legally, the EC has the power to hold the assembly elections in Delhi alongside Maharashtra. But on previous occasions, the polls in Delhi were held separately. The EC should have a reason to club Maharashtra and Delhi polls," said an expert refusing to be named.
He also pointed out that the electoral rolls in Delhi would be updated in January with January 1 as the qualifying date.
When the rolls are updated, the newly-registered voters are able to cast their votes.
"Therefore, the EC may prefer holding the polls in Delhi as planned," he said.
Addressing the Aam Aadmi Party (AAP) workers in Delhi, Kejriwal said, "Delhi elections are due in February but I demand that elections in the national capital be held in November with Maharashtra."
Two days after being released from the Tihar Jail on bail in the excise policy scam case, the AAP national convener said that he would resign after two days and would demand early polls in Delhi.
He vowed not to sit in the CM's chair till people give him a 'certificate of honesty'.
