Gujarat Congress legislator Pareshbhai Dhanani moved the Supreme Court on Monday against a decision of the Election Commission (EC) to conduct separate polls for two seats vacated in the Rajya Sabha following the election of Amit Shah and Smriti Irani to the Lok Sabha.
The plea, filed by Dhanani through an advocate Varun Chopra, has sought the direction to the EC to expeditiously hold simultaneous elections against the vacancies created in the Upper House in accordance with the provisions of the Representation of People's Act (RPA).
The Election Commission had earlier slated the by-elections for six vacant Rajya Sabha seats to July 5.
Two of the six seats which are from Gujarat were vacated following the elections of Amit Shah and Smriti Irani to the Lok Sabha.
The petition stated that the lack of appropriate decision by the Election Commission despite several representations and exhortations by the petitioner Dhanani demonstrates "abdication, indecision and a complete absence of justice."
It added in the press release dated June 15, the poll panel termed statutory vacancy in Gujarat as 'casual vacancy,' which is incomplete and direct violation of the provisions of RP Act.
The vacancies created due to the election to Lok Sabha are statutory vacancies under Section 69 of the RP Act and not 'casual vacancies,' contended the petitioner.
"Separate elections for two Rajya Sabha seats in the state of Gujarat falling statutorily vacant would upset the scheme of proportional representation as mandated under the RP Act," the plea added.
The plea sought direction to quash the press note of the Election Commission dated June 15 and declare it as "unconstitutional, arbitrary, illegal, void-ab-initio, and violative of Article 14 (Equality before law) of Constitution of India.
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