SC Rejects Congress Plea Challenging EC Decision To Hold Separate Bypolls For Two RS Seats In Gujarat

Supreme Court of India. (Sonu Mehta/Hindustan Times via Getty Images)

The Supreme Court on Tuesday (25 June) rejected Gujarat Congress MLA Paresh Dhanani’s petition challenging the Election Commission's (EC) decision to hold separate bypolls to the two Rajya Sabha seats in the state, reports LiveMint.

The apex court observed that it would not be intervening in the process as the election to the two seats had already been set in motion.

However, the vacation bench comprising of Justices Sanjiv Khanna and BR Gavai said that the petitioner can file an 'election petition' before the High Court. An election petition is a procedure to question the election results of parliamentary, assembly or local polls.


The two Rajya Sabha seats have been vacated following the victory of Amit Shah and Smriti Irani in the Lok Sabha elections.

On 15 June, the Election commission announced in a press note that the by-elections for the vacant Rajya Sabha seats will be held on 5 July.

The EC in its order cited two Delhi high court rulings of 1994 and 2009 which had supported the system of holding separate bypolls in the same state under provisions of the Representation of the People Act (RPA)

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