India's cabinet has said it will ask the president to seek legal advice over an election commission decision to delay voting in troubled Gujarat state.

Religious rioting wracked the state earlier this year, leaving about 1,000 people - mostly Muslims - dead, according to officials.

We think the EC's orders are unconstitutional... Any orders can be challenged in court

Arun Jaitley, BJP general secretary

On Friday the independent Election Commission said free and fair elections were not possible there at the moment.

The cabinet now plans to refer the matter to President Abdul Kalam, himself a Muslim, who can ask the Supreme Court to intervene on any issue of public importance.

"We will refer the matter to the president under article 143," said Consumer Affairs Minister Sharad Yadav, as he left Prime Minister Atal Behari Vajpayee's residence after the meeting.

BBC correspondent Satish Jacob in Delhi says the move has come as something of a surprise as it seemed initially as if ministers, though displeased with the commission, would accept its independence and authority.

The ruling Hindu-nationalist Bharatiya Janata Party (BJP), which also governs in Gujarat, says the state government there has a right to seek an early mandate.

Communal divide

Critics accuse the BJP of trying to exploit the deep religious divide in Gujarat.

Many Muslims still live in fear in camps

On Saturday, India's main opposition Congress party demanded that federal rule be imposed in the state to ensure fair elections.

Gujarat Chief Minister Narendra Modi dissolved the state assembly in July, hoping to hold early polls.

The election commission said polling could take place next January, but a final decision can only be made later this year.

"The wounds of the communal divide following the riots have not yet healed," it said in a statement.

Train attack

Chief Election Commissioner JM Lyngdoh recently visited the state and strongly criticised local officials for playing down the violence.

The Election Commission said relief and rehabilitation work had been slow and there was a constant fear of a communal backlash among people in Gujarat.

It cited problems with electoral rolls as another reason for deferring polls in the state.

Narendra Modi was heavily criticised for the failure of the authorities to stop attacks on the Muslim community.

Official estimates put the number of dead in the violence at 1,000, but independent groups say it is closer to 2,000.

The rioting was sparked by an attack on a train at the end of February, in which 58 Hindu activists were killed.