SC notice to EC against move to hold separate RS polls

The Supreme Court on Wednesday issued a notice to the Election Commission on a plea by the Gujarat Congress leader against the move to hold separate bypolls on two Rajya Sabha seats vacated by BJP President Amit Shah and Union Minister Smriti Irani on their election to 17th Lok Sabha.

A bench of Justices Deepak Gupta and Surya Kant sought a response from the poll panel by Monday on a writ petition filed by Pareshbhai Dhanani, leader of opposition in Gujarat Assembly.

"The issue is required to be decided if such vacancy is casual or statutory," the bench said.

The court said such issues can't be left to be determined through election petition, even as the EC counsel contended that writ petition can't be entertained in this regard.

It put the matter for examination on Tuesday, June 25.

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.

The Election Commission's decision to hold separate elections to the two Rajya Sabha seats fallen vacant in Gujarat would deny Congress an opportunity to win one seat.

Congress has 71 members in the Gujarat Assembly and can ensure the victory of one candidate if a single election is held for both the seat.

However, with separate elections to two seats, the BJP stands to win both the seats.