New Delhi: The Supreme Court on Tuesday rejected a petition by the Congress against holding separate bypolls to two seats in Gujarat.
A Supreme Court bench of Justices Sanjiv Khanna and BR Gavai said, “It’s better the petitioner can go for election petition after the results. Once the notification is issued by the Election Commission, the only remedy is to file an election petition. The court can’t intervene after the EC issues notification for polls.” “What’s the violation of fundamental rights here?” the court added.
Earlier on June 19, the top court sought a response from the poll body by June 24 over the plea. The petition was filed by the Leader of the Opposition in the Gujarat assembly, Pareshbhai Dhanani.
The Rajya Sabha seats fell vacant following the election of BJP chief Amit Shah and Union minister Smriti Irani to the Lok Sabha from Gandhinagar and Amethi, respectively.
The BJP has 100 legislators in member Gujarat assembly and the Congress has 71. The Election Commission has fixed July 5 for the separate Rajya Sabha by-elections to the two seats.
The Congress had said that holding the elections for the two seats separately would be against the rules. The poll body opposed the Congress’s request saying that it can’t approach the top court under Article 32 of the Constitution.