The Supreme Court today refused to entertain a petition filed by Congress leader Paresh Dhanani seeking simultaneous polls for filling up of vacant Rajya Sabha seats in Gujarat..The Vacation Bench of Justices Sanjiv Khanna and BR Gavai said that the Election Commission had issued a notification for holding of separate by-polls and this notification need not be interfered with. The Court has, however, granted liberty to Dhanani to file an election petition after the by-polls are held..Justice Khanna stated that filing an election petition is the statutory remedy available in a case like this. He said,.“Election petition is the statutory remedy. Statutory provisions in a number of judgments are clear.”.Senior Counsel and Congress leader Vivek Tankha, appearing for Dhanani, argued that the Election Commission’s decision was violative of Article 14. However, Justice BR Gavai refuted this submission, saying,.“How will your petition be maintainable as violation of Fundamental Rights? Contesting election is a purely statutory right.”.The Court thus directed the petitioner to approach the Gujarat High Court by way of an election petition..The Election Commission was represented by Senior Counsel Rakesh Dwivedi with Senior Counsel Gaurav Pachnanda and Advocates Sidhant Kumar and Udita Singh..Paresh Dhanani had moved the Supreme Court challenging the ECI decision to hold separate by-polls for vacant Rajya Sabha seats in Gujarat..The ECI notice of June 15 terms the vacancies created due to the election of Amit Shah and Smriti Irani to the Lok Sabha as “casual vacancies”. This, the petition says, is “complete and direct violation of the provisions of Representation of People Act.” Such vacancies fall under the category of statutory vacancies under Section 69 of the Representation of People Act, contends Dhanani in his petition..Separate elections for each vacancy would lead to the victory of the candidate from the party commanding simple majority in the state legislature, the petition contends. This, it is contended, would upset the scheme of proportional representation as required under the RP Act..The Supreme Court had issued notice to the Election Commission last week.
The Supreme Court today refused to entertain a petition filed by Congress leader Paresh Dhanani seeking simultaneous polls for filling up of vacant Rajya Sabha seats in Gujarat..The Vacation Bench of Justices Sanjiv Khanna and BR Gavai said that the Election Commission had issued a notification for holding of separate by-polls and this notification need not be interfered with. The Court has, however, granted liberty to Dhanani to file an election petition after the by-polls are held..Justice Khanna stated that filing an election petition is the statutory remedy available in a case like this. He said,.“Election petition is the statutory remedy. Statutory provisions in a number of judgments are clear.”.Senior Counsel and Congress leader Vivek Tankha, appearing for Dhanani, argued that the Election Commission’s decision was violative of Article 14. However, Justice BR Gavai refuted this submission, saying,.“How will your petition be maintainable as violation of Fundamental Rights? Contesting election is a purely statutory right.”.The Court thus directed the petitioner to approach the Gujarat High Court by way of an election petition..The Election Commission was represented by Senior Counsel Rakesh Dwivedi with Senior Counsel Gaurav Pachnanda and Advocates Sidhant Kumar and Udita Singh..Paresh Dhanani had moved the Supreme Court challenging the ECI decision to hold separate by-polls for vacant Rajya Sabha seats in Gujarat..The ECI notice of June 15 terms the vacancies created due to the election of Amit Shah and Smriti Irani to the Lok Sabha as “casual vacancies”. This, the petition says, is “complete and direct violation of the provisions of Representation of People Act.” Such vacancies fall under the category of statutory vacancies under Section 69 of the Representation of People Act, contends Dhanani in his petition..Separate elections for each vacancy would lead to the victory of the candidate from the party commanding simple majority in the state legislature, the petition contends. This, it is contended, would upset the scheme of proportional representation as required under the RP Act..The Supreme Court had issued notice to the Election Commission last week.