The Supreme Court (SC) on Tuesday rejected a petition by the Gujarat Congress challenging the Election Commission (EC)’s decision to hold separate bypolls to two Rajya Sabha (RS) seats that fell vacant after BJP’s Amit Shah and Smriti Irani moved to the Lok Sabha.
The petition was filed by the Leader of the Opposition in the Gujarat assembly Pareshbhai Dhanani.
The petition was filed by Pareshbhai Dhanani, the Leader of the Opposition in the Gujarat Assembly.
It may be mentioned here that the Congress had accused the election panel of bias and called its decision “arbitrary and illegal”.
The Election Commission has fixed July 5 for the Rajya Sabha by-elections.
Refusing to interfere with the Election Commission’s order, the top court said that the petitioner could file an “election petition” after the conclusion of polls. An election petition is a procedure to call into question the results of parliamentary, assembly or local elections.
“It’s better the petitioner 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 before High Court. The court can’t intervene after the Election Commission issues notification for polls,” SC said.