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EC opposes any ‘interference’ by top court in bypolls to RS seats
The seats in Gujarat fell vacant after the elections of Amit Shah and Smriti Irani to the Lok Sabha from Gandhinagar and Amethi, respectively.
The Election Commission of India on Monday opposed any interference by the Supreme Court in the bypolls to the two Rajya Sabha seats in Gujarat, scheduled for July 5.
Criticising a petition filed by the Gujarat Congress against its decision, the EC said the commission issued a notification for bypolls to six Rajya Sabha seats, including two from Gujarat on June 15, and once the bypolls are notified the jurisdiction of the courts is barred. The seats in Gujarat fell vacant after the elections of Amit Shah and Smriti Irani to the Lok Sabha from Gandhinagar and Amethi, respectively.
In an affidavit filed in the top court, the poll watchdog said, “With the issuance of the said notifications, the election process has commenced during which the bar on the jurisdiction of this Hon’ble Court operates as per Article 329(b)”. Article 329 of the Constitution bars courts from interfering in electoral matters.
Last week, the top court has issued notice and sought response from the poll watchdog to the Congress plea challenging EC order to hold polls to two RS seats in Gujarat separately.
In its petition, the Congress argued that the existing vacancies are statutory vacancies according to Section 69 of the Representation of the People Act and they should be held together.
The Congress also alleges conspiracy on the part of the Bharatiya Janta Party (BJP) to make sure that the two seats are won by their party candidates only.
In its petition, the Gujarat Congress, which sees a chance of winning one Rajya Sabha seat if the elections are held together, alleged that the poll body by notifying separate elections has adopted a new method of conducting elections and is acting under pressure.
The EC said, “Petition is not maintainable before this Hon’ble Court on the grounds that the extraordinary jurisdiction of this Hon’ble Court is limited to the enforcement of fundamental rights and does not envisage the enforcement of statutory rights”.
