SC declines Cong plea against separate RS polls in Guj

The Supreme Court on Tuesday declined to consider a plea by the Gujarat Congress against the Election Commission's notification to hold separate bypolls on two Rajya Sabha seats vacated by BJP President Amit Shah and Union Minister Smriti Irani on their election to the 17th Lok Sabha.

A bench of Justices Sanjiv Khanna and B R Gavai said once notification has been issued, the court can't intervene and the only remedy available with the petitioner was to file an election petition before the high court.

The top court orally observed that as far as casual vacancies are concerned due to the resignation of the members, it would be treated separately, for regular vacancies, the polls were to be held simultaneously.

Senior advocate Vivek Tankha, appearing for the petitioner, Pareshbhai Dhanani, leader of opposition in Gujarat Assembly, contended that it was a seminal constitutional matter. It would be gross constitutional impropriety if polls were held separately, he said.

Senior advocate Rakesh Dwivedi, appearing for the EC, made preliminary objections to the writ petition.

The court also said fighting election is not a fundamental right, it is only a statutory right. "How would a writ petition lie in the matter," it asked.

The bench asked the petitioner to go to high court and file election petition after the polls.

The petitioner sought a declaration of the poll panel's notification for holding separate polls from two Upper House seats from Gujarat as "unconstitutional, illegal, arbitrary and void".

The party feared that if the bypolls were not conducted together, the party may lose the chance of winning one seat, despite its strength of 71 legislators.

The petitioner, a Member of Legislative Assembly from Amreli Assembly Constituency, said, "the EC's notification is wrong, unconstitutional and raises questions over the impartiality of the poll panel.”

On June 15, the Election Commission had announced bypolls to six Rajya Sabha seats on July 5.

In a statement, the commission said that the vacancies for bypolls to all Houses, including the Rajya Sabha, are considered "separate vacancies" and separate notifications are issued and separate polls are held, though the schedule can be the same.