SC declines to hear plea by Congress Leader against separate Rajya Sabha by-polls in Gujarat

The Supreme Court on Tuesday refused to take up the plea filed by the Congress Leader against the Election Commission’s order of holding the by-polls in two Rajya Sabha seat seperately.

The Top Court bench comprises Justice BR Gavai and Sanjeev Khanna said that the petitioner can approach the Gujarat High Court with election petition against the Poll Commission’s order after the polls.

The Apex Court declined to entertain the plea stating the notification for the separate by-polls has already been issued.

Last week, the Top Court issued a notice to the Poll Commission on a petition filed by Congress Leader against its decision to hold separate by-polls for two Vacant Rajya Sabha Seats in Gujarat.

In its affidavit filed on Monday, the Election Commission said the vacancies created in the Rajya Sabha are ‘casual vacancies’ and there is no law stating that separate elections should not be held.

Gujarat Congress Leader Pareshbhai Dhanani, moved to the Top Court seeking directions to the Poll Commission to hold simultaneous elections in the vacant seats of Rajya Sabha under the provision of Representative People’s Act.

The Election Commission had on June 15 announced that the elections to 6 vacant seats of the Rajya Sabha including 2 from Gujarat will be held on July 5. In a plea, he sought the Supreme Court’s directives to the EC to hold simultaneous by-polls and filling all vacancies in the state.

The plea claimed that vacancies created with the election to the Lok Sabha are statutory vacancies and not casual vacancies as per the provisions of Representation of People’s Act (RPA).

The plea further claimed that separate elections for the two Rajya Sabha Seats in Gujarat that were created as statutory vacancies are a clear violation of proportional representation under the provisions of Representation of People’s Act (RPA).

Calling the Election Commission’s press release arbitrary, the plea further sought the quashing of the press release. It further claimed that it is a clear violation of Article 14 of the Indian Constitution.

While, earlier in the day, Union Minister S Jaishankar and Jugalji Mathurji Thakor filed their nomination papers for Rajya Sabha, as BJP candidates.

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