Election petition against Jaishankar: HC seeks reply on maintainability

The Gujarat High Court on Wednesday sought Congress leader Gaurav Pandya's reply on maintainability of his petitions challenging the election of External Affairs Minister S Jaishankar and BJP leader Jugalji Thakor to the Rajya Sabha from the state.

Pandya lost to Jaishankar in the July 5 by-election.

He has filed two petitions, seeking setting aside of the election of BJP candidates Jaishankar and Thakor on the ground that the Election Commission's decision to hold bypolls for two vacant seats separately was unconstitutional.

While Jaishankar is the only respondent in one of the petitions, in the other both he and Thakor are respondents.

Justice Bela Trivedi asked petitioner's lawyer Babubhai Mangukiya to satisfy the high court on the aspect of maintainability, and posted the hearing to August 26.

An election petition can be filed by a voter or a candidate, but in Thakor's case Pandya was neither a rival candidate nor a voter.

The court is also likely to hear five other election petitions -- two filed by Chandrikaben Chudasama, the Congress candidate who lost to Thakor, and three by Leader of Opposition in the Gujarat Assembly Paresh Dhanani.

Dhanani has filed three petitions -- one against Thakor, another against Jaishankar and a third against both the winning BJP candidates.

The by-elections were held after BJP leaders and Rajya Sabha members Amit Shah and Smriti Irani were elected to the Lok Sabha.

The Congress had challenged the EC's decision to hold elections to the two seats separately and not simultaneously, but the Supreme Court dismissed its plea, asking the party to file election petitions before an appropriate court.