Allow Cookies!
By using our website, you agree to the use of cookies
Notice was issued to the Election Commission on the Gujarat Congress's challenge to its decision to hold separate by-polls to two Rajya Sabha seats in the state which fell vacant due to the election of BJP chief Amit Shah and Smriti Irani to the Lok Sabha. This petition was filed by the Congress MLA and Leader of Opposition in Gujarat Assemblyfor holding the election for the two seats simultaneously. He called the poll as unconstitutional, arbitrary, illegal and void ab initio as it was violative of Article 14 of the Constitution. He stated that the poll panel be directed to hold simultaneous by-elections and polling for filling of all vacancies in all states, including Gujarat. Under the Indian Constitution and the Representation of Peoples Act, states that if regular vacancies are existing at the time when the election is held, it should be held together so that the system of proportional representation by means of single transferable vote can be applied to those elections. If the Election Commission allows this it will lead to the abuse of power and the majority party will always be able to arrange the matters in such a way that it gets maximum seats.
The Congress alleged that the action of the Election Commission was completely tainted with arbitrariness, malafide, partisanship and has been taken in an extremely hasty manner to pre-empt and impede the minority party in the state Assembly to elect a member for the Council of States. It was further stated that the office of the Election Commission was being used for the political agenda.The Congress had demanded that the by-polls to the two vacant seats in Gujarat be held together as in case of separate elections, the BJP being the ruling party would have an advantage and win both the seats.
86540
103860
630
114
59824