SC issues notices, EC role under scanner

NEW DELHI: The Supreme Court on Wednesday issued notices on a batch of petitions challenging the election of External Affairs Minister S Jaishankar to Rajya Sabha from Gujarat. The pleas have also raised the issue of Election Commission’s power on issuance of separate notifications for holding by-polls for casual and regular vacancies in Rajya Sabha.

One of the petitions against Jaishankar has been filed by Congress leader Gaurav Pandya. A bench comprising Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian took note of the submissions of senior advocate Kapil Sibal that a date be fixed for hearing these matters. “We will give you short date,” the bench said. Senior advocate Harish Salve, appearing for Jaishankar, accepted the notice.

Earlier, the top court had said that it would like to give an authoritative pronouncement on the issue of EC’s power on issuance of separate notifications for holding by-polls for regular and casual elections to fill vacancies in Rajya Sabha.

The pleas pertained to 2019 Rajya Sabha by-poll on two seats from Gujarat. Earlier, the apex court had said that there was no authoritative judgement of the Supreme Court as to whether the election to more than one vacancy should be held separately or jointly.

The Gujarat high court, on

February 4, had dismissed the plea of Congress leader Gaurav Pandya against Jaishankar’s election to the Rajya Sabha.

Both Jaishankar and Thakore were elected to Rajya Sabha on July 5 last year in by-polls held on seats vacated by Union ministers Amit Shah and Smriti Irani.