SC Issues Notice To EC Over Separate By-polls For 2 Vacant Rajya Sabha Seats

Mumbai: The Supreme Court issued a notice to the Election Commission on the basis of the petition filed by Congress against the separate vacancies for two vacant Rajya Sabha seats in Gujarat. The bench of Justice Deepak Gupta and Justice Suryakant has sought an answer from the Election Commission in this regard till Monday. The hearing of this case has been fixed for Tuesday.

According to the provisions of the Representation of the People’s Act (RPA) by the Election Commission in the petition filed by the leader of Gujarat Congress Tharshbhai Dhanani, demand has been asked to hold simultaneous elections against the vacancies made in the Upper House.

The Election Commission emphasized “lack of inappropriate decision” and said that this is “the complete absence of justice”. The petition filed through advocate Varun Chopra, “Demands to vote for filling all vacancies in all the states including Gujarat State for Guidelines and State Council for Election to Election Commission of India together.”

Last week, the Election Commission announced the program for six vacant Rajya Sabha seats of various states including Gujarat. Two out of six seats were vacant after the elections of Amit Shah and Smriti Irani for the Lok Sabha from Gujarat.

It has been stated in the petition that in the June 15, the Poll Panel called legal vacancies in Gujarat as “contingency vacancies”, which was “a direct violation of the provisions of RPA”.

Vacancies created due to Lok Sabha elections are statutory vacancies under section 69 of RPA and are not “accidental vacancies”. It has been said in the petition that separate elections for two Rajya Sabha seats in Gujarat which have been legally vacant, will make the scheme of proportional representation mandatory under RPA. It demanded the cancellation of the EC Press Note on June 15 because it was “arbitrary and violent” of Article 14 (Equality before the law) of the Constitution.

(With ANI Inputs)

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