Cong leader challenges EC notification on Guj RS bypolls

Congress leader Gaurav Pandya has filed an election petition in the Gujarat High Court challenging the Election Commission's decision to hold separate bypolls to two Rajya Sabha seats in the state.

The elections to the seats which fell vacant after BJP leaders Amit Shah and Smriti Irani were elected to the Lok Sabha from Gujarat's Gandhinagar and Uttar Pradesh's Amethi respectively were held on July 5.

Pandya had lost from one of the seats to Minister of External Affairs S Jaishankar.

Through his lawyer Babubhai Mangukiya, Pandya has sought the court's direction to quash the election, as well as notification issued by the EC announcing the holding of polls separately.

He has also sought the court's direction to the poll panel to hold the election to the two seats afresh simultaneously through single ballot, and not through two ballots.

The petition is likely to come up for hearing this week.

It claimed the EC notification was unconstitutional and violated the Representation of People Act 1951.

As per the Constitution, election to the vacant seats of the Rajya Sabha should be held together so that the system of proportional representation by means of single transferable vote can be applied, he said in his petition.

He said the EC notification announcing bypolls to the two seats in Gujarat was therefore illegal.

The Supreme Court had earlier rejected a plea by the Gujarat Congress just after the EC notification was issued.

The SC, in its June 25 order, had, however, granted liberty to Congress to file an 'election petition' after conclusion of polls.

The EC notification had clarified that 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.