The Gujarat High Court on Monday heard Congress leader Gaurav Pandya on the aspect of maintainability of two election petitions filed by him challenging the victories of External Affairs Minister S Jaishankar and BJP leader Jugalji Thakor in the recently held Rajya Sabha by-elections in the state.
While in one petition, Pandya has made Jaishankar a respondent, in the other petition, he has made both Jaishankar and Thakor respondents.
Pandya had lost to Jaishankar in the Rajya Sabha poll held on July 5.
Justice Bela Trivedi had directed Pandya to satisfy the court on the aspects of maintainability of the two election petitions.
Pandya's lawyer B M Mangukiya told the court that the petition challenges not just the victory of Jaishankar, but also the notifications of the Election Commission holding the by-election for two vacated seats separately and not simultaneously.
Had he filed the petition challenging two separate notifications issued by EC for by-elections to two vacated seats while joining only one candidate as respondent, the court may not have granted relief in favour of the petitioner in the absence of the second candidate as respondent, Mangukiya told court.
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Mangukiya also said the Representation of the People Act, 1950 which says that an election petition can only be filed by either a candidate or a voter is a procedural law that cannot negate the Constitutional provision which states that all elections should be held on the principle of proportional representation.
The court raised the question of maintainability of his second petition on the grounds that as far as Thakor is concerned as a respondent, Pandya is neither a candidate nor a voter, and hence he cannot file the petition as per the Representation of the People Act.
The court fixed further hearing on August 27.
The Congress had raised objections to the EC holding the Rajya Sabha by-elections for two seats in Gujarat, vacated by Union ministers Amit Shah and Smriti Irani, separately and not simultaneously.
Congress candidates Pandya and Chandrikaben Chudasama lost to BJP's Jaishankar and Thakor.