New Delhi: The Supreme Court on Wednesday sought the Election Commission’s response on Congress plea seeking simultaneous elections for two Rajya Sabha seats from Gujarat that fell vacant upon the election of Union home minister Amit Shah and Union minister Smriti Irani to Lok Sabha.
Issuing notice and giving poll panel time till June 24 to file its reply, the vacation bench of Justice Deepak Gupta and Justice Surya Kant said that the matter needs to be heard and directed further hearing on June 25.
The leader of opposition in Gujarat Asse-mbly Paresh Dhanani has moved the top court challenging the June 15 poll panel notification for holding elections to two vacancies from Gujarat separately. The Congress is main opposition party in Gujarat assembly.
“This is not something that can be treated as an election petition”, Justice Gupta said adding that it requires to be heard whether the two vacancies for which election is taking place were casual vacancies or statutory vacancies. The lawyer appearing for the EC contended that the the right to be elected was a statutory right.