Lawstreet Journal

Supreme Court Gives Notice on Petitions questioning the Election of S. Jaishankar to Rajya Sabha and EC's Power

Lawstreet Journal 20 Nov 2020 10:02pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Gives Notice on Petitions questioning the Election of S. Jaishankar to Rajya Sabha and EC's Power

On Wednesday, the Supreme Court issued a notice on a series of petitions questioning the election of Foreign Affairs Minister S. Jaishankar to Rajya Sabha from Gujarat. 

Senior advocate Kapil Sibal argued before a bench headed by Chief Justice S.A. Bobde and comprising Justices A.S. Bopanna and V. Ramasubramanian that the date should be set for the hearing of the matter. Congress chief Gaurav Pandya has filed one of the petitions against Jaishankar.

The bench said in its order: "Delay condoned. Issue notice returnable on December 8 (a non-miscellaneous day). Waive service on the respondents since Swarupama Chaturvedi, learned counsel, is appearing on behalf of those respondents. Reply affidavit, if any, be filed by the respondents in the meantime. Let notice be issued to another respondent (s) if any." Senior advocate Harish Salve, appearing for Jaishankar, accepted the notice.

The pleas are related to the by-polls on two seats in Gujarat by the 2019 Rajya Sabha. Both seats were won by the BJP candidates. The plea raised questions relating to the powers of the Election Commission to issue separate by-poll notices for casual and frequent vacancies in the Rajya Sabha.

The High Court had previously observed that in relation to the powers of the EC, it could pass an order issuing separate notifications for the holding of by-polls for regular and casual elections to fill vacancies in the Rajya Sabha.

The Gujarat High Court dismissed Pandya's plea against Jaishankar's election to the Rajya Sabha on February 4. Two other petitions filed by Congress leaders ChandrikabenChudasama… Continue Reading...


Tagged: Rajya Sabha  
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