RS Survey: Jaishankar urges Gujarat HC to cancel the request of the Congress leader
AHMEDABAD: Foreign Minister S presented an affidavit on Monday, defending his election to the state's Rajya Sabha, alleging that the Electoral Commission did not break any rules by holding separate elections for two seats.
leader Gaurav Pandya, who had lost to BJP The candidate Jaishankar in the partial elections of Rajya Sabha held in July this year, presented an electoral petition in the superior court of Gujarat, alleging that the EC decision to hold separate elections to two seats of Rajya Sabha violated the constitutional provisions.
Another Congress candidate, Chandrika Chudasama, had filed a similar petition after losing to the BJP 's Jugalji Thakor.
In his affidavit, presented at the Bela Trivedi court of justice, Jaishankar said that Pandya's petition deserves to be dismissed as it does not explain precisely how and what provisions of the Constitution or the Law of Representation of the People were violated by the EC at Keep -elections.
Jaishankar stated that it has been a constant practice on the part of the EC since 2009 to issue separate notifications for conducting occasional vacancy surveys in Rajya Sabha.
Therefore, the EC correctly issued separate notifications for separate seats that have become vacant, according to the response.
In addition, the affidavit claimed that the different seats that were vacant at the same time should be treated as a misinterpretation by the petitioner.
The response indicated that there is no impediment to the issuance of separate notifications by the EC under the provisions of section 12 of the RP Law.
Notably, a similar affidavit was filed on Monday by second BJP candidate Jugalji Thakor.
Thakor's election to Rajya Sabha was questioned by Congressman Chandrika Chudasama for the same reasons.
The elections to the two Rajya Sabha seats of Gujarat, which fell vacant after BJP leaders Amit Shah and Smriti Irani were elected to the Lok Sabha, were held on July 5.
In his petition, Pandya sought the direction of the court to annul the elections and the notification issued by the EC announcing the holding of separate surveys.
He has also sought the direction of the court towards the voting panel to carry out the surveys in the two seats again simultaneously through a single ballot, and not through two ballots.
He claimed that the EC notification was unconstitutional and violated the Representation of Persons Act of 1951.
According to the Constitution, the elections for vacant positions in Rajya Sabha must be held together so that the system of proportional representation can be applied through a single transferable vote, he said in his petition.
The Supreme Court had previously rejected a statement from the Gujarat Congress just after the EC notification was issued.