No Constitutional or statutory mandate to hold single by-elections: Dr. S Jaishankar defends his election to Rajya Sabha from Gujarat

There is no provision under the Constitution or the Representation of People Act prescribing that elections to Rajya Sabha seats which fell vacant on separate dates should be held through a single by-election, External Affairs Minister Dr. S Jaishankar told the Supreme Court. .In an affidavit filed before the top court, Dr. Jaishankar submitted that there was no violation of any law in his election to Rajya Sabha from Gujarat.."It is submitted that there is not provision under the Constitution or under the Representation of People Act which prescribes for mandatory requirement of conducting election through single by-election and therefore there is no violation of any law in the facts and circumstances of the present case," the affidavit said..The affidavit was filed in response to a petition by Congress leader Gaurav Pandya assailing Dr. Jaishankar's election claiming that the Election Commission (EC) issued two separate notifications for holding by-polls for casual and regular vacancies in Rajya Sabha and the same was in violation of the law..Supreme Court seeks response from External Affairs Minister S Jaishankar in plea challenging his election to Rajya Sabha.The Gujarat High Court had, in September 2019, dismissed Pandya's plea. Pandya, in his appeal before the Supreme Court, stated that the High Court erred in law by ruling that his election petition was to be dismissed in limine on the ground that he was “neither a voter nor a candidate in the election in question.”.The plea filed through Advocate-on-Record, Christi Jain said that in 2017 BJP leaders, Amit Shah and Smriti Irani were elected to the Rajya Sabha. Later in 2019 they got elected to the Lok Sabha and, consequently, two seats fell vacant..It is Pandya's case that in order to fill up the vacancies so created, the EC was required to notify the vacancies under section 147 of the Representation of People Act, 1951, calling upon the elected members of the Legislative Assembly of the State of Gujarat to elect a person for filling up the vacancies..S Jaishankar files caveat in Supreme Court apprehending challenge to his election as Rajya Sabha MP.But only a single notification notifying such casual vacancies and calling upon the legislative assembly of the State to elect alternate candidates ought to have been issued by the EC, Pandya submitted.."It is however submitted that the election commission proceeded to issue two separate notifications for the two vacancies and taking advantage of the two notifications issued by the election commission, the Gujarat Legislative Assembly purportedly held two separate elections on the same day (i.e. 5.7.2009) to fill up the vacancies caused in the Rajya Sabha," the plea read..Pandya contended that by following the process of dual elections, the two vacant seats “were usurped by the BJP” but if single elections were held, then Congress could have won at least one of the seats.“The appellant submits that in view of Article 80 (4) of the Constitution of India, the election to the Rajya Sabha is required to be held by allowing proportional representation as explained under the Conduct Of Election Rules, 1961. It is submitted that if a proper procedure was followed, at least one out of the two seats which fell vacant ought to have fallen into the share of the Indian National Congress (INC) which had 72 members out of 180 members in the Gujarat Legislative Assembly,” the petition said .Dr. Jaishankar responded to the same pointing out that the two seats fell vacant on different dates."The seat of Shri Amitbhai Anilchandra Shah became vacant on May 23, 2019 whereas the seat of Mrs. Smriti Zubin Irani fell cacant on May 24, 2019 and there is no law which prohibits notification of vacancy on two different dates in different notifications," the affidavit states. .When the matter came up for hearing on Monday, a Bench headed by Chief Justice of India SA Bobde adjourned the case for detailed hearing in the third week of January 2021.

No Constitutional or statutory mandate to hold single by-elections: Dr. S Jaishankar defends his election to Rajya Sabha from Gujarat

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