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35. The learned Advocate General further submitted that even though provisions of Section 19 of the Act were amended in the year 2020, however, the corresponding provisions of the Act viz. Section 20, 21(2), 43, 45 etc. were inadvertently not amended which has resulted in confusion. He, however, submitted that non-amendment of aforesaid provisions of the Act would not affect the election of non-applicant no.1 as President. He further submitted that, by giving harmonious construction to various provisions of the Act, this Court may allow filing of EP within 30 days of declaration of result of non-applicant as President and issuance of certificate by Returning Officer under Rule 14 of Nirwachan Niyam, 2019.

52. Even though, the executive instructions issued vide aforesaid memo cannot dilute the provisions of Section 45 of the Act, however, this memo shows the object and intention of the Govt. that in case of indirect election of President, separate notification is not required to be published in official Gazetta.

53. In the matter of giving harmonious construction to various provisions of same statute, the Apex Court in the case of Sultana Begum vs. Prem Chand Jain reported in (1997)1 SCC 373, held as under:

This is the essence of the rule of "harmonious construction".

(4) The courts have also to keep in mind that an interpretation which reduces one of the provisions as a "dead letter" or "useless lumber" is not harmonious construction.

(5) To harmonise is not to destroy any statutory provision or to render it otiose."

58. This Court finds it impossible to effect reconciliation between the amended provisions vis-à-vis the provisions which remained un-amended and are thus creating anomaly. From the memo, dated 20.07.2023, the object and intent of State Govt. is also apparent. Thus, invoking rule of "harmonious construction", this Court finds it necessary to read Section 20(3)(i) of Amended Act as has now been amended in the year 2024.