SC refuses to entertain Congress leader's plea against separate RS by-polls in Gujarat

The Supreme Court on Tuesday refused to entertain a plea of a Gujarat Congress leader against the Election Commission's decision to hold separate by-polls for two vacant Rajya Sabha seats in the state.

A vacation bench of Justices Sanjiv Khanna and B R Gavai said petitioner Pareshbhai Dhanani may file an election petition before the Gujarat High court challenging the EC's decision after the polls.

The court refused to interfere in the poll process for the Upper House of Parliament, saying that the notification for the election has already been issued.

According to the petition filed through advocate Varun Chopra, the "lack of appropriate decision" by the EC despite several representations and exhortations by Dhanani demonstrated "a complete absence of justice".

Dhanani, the Leader of the Opposition in Gujarat Assembly, had sought the court's direction to the poll watchdog to expeditiously hold simultaneous elections for the Rajya Sabha vacancies in accordance with the provisions of the Representation of People Act (RPA).

On Monday, the commission, in its affidavit, had said the vacancies for the two Upper House seats were "casual vacancies" and there was nothing in the law stating that separate elections should not be held.

The plea had contended that the vacancies were "statutory" and terming them as "casual vacancies" was a "direct violation of the provisions of the RPA".

"Separate elections for the two Rajya Sabha seats in Gujarat which have fallen vacant statutorily would upset the scheme of proportional representation as mandated under the RPA," the plea had said.

Elections for the two seats were necessitated after BJP leaders Amit Shah and Smriti Irani were elected to Lok Sabha in the recent polls.

Apart from the two seats in Gujarat, elections will be held to fill three vacant Rajya Sabha seats in Odisha and one in Bihar.