The Gujarat Congress has decided to move the Supreme Court against the Election Commission(EC) decision to conduct separate bypolls for two Rajya Sabha seats in the state.
The petitioner has sought a direction to the Election Commission for holding the election for the two seats simultaneously.
The EC has termed the vacancies as casual vacancies.The petitioner said the term is a complete and direct violation of the provisions of the Representation of the People Act as such vacancies fall under the category of statutory vacancies under Section 69 of the RP Act.
The petitioner argued that both the Constitution and Representation of the People Act 1951 says that if regular vacancies are existing at the time when the election is held,it should be held together so that the system of proportional representation by means of single transferable vote can be applied to those elections.
However,the EC has cited two Delhi High Court rulings of 1994 and 2009 which had supported the system of holding separate by-polls in the same state under provisions of the Representation of the People Act.
Section 69 in The Representation of the People Act,1951 talks about the vacation of seats by persons already members of one House on election to other House of Parliament.
Section 69(1) says that If a person who is already a member of the Lok Sabha is chosen a member of the Rajya Sabha, his seat in the Lok Sabha shall on the date on which he is so chosen become vacant.
Further,section 69(2) says that If a person who is already a member of the Rajya Sabha is chosen a member of the Lok Sabha,his seat in the Rajya Sabha shall on the date on which he is so chosen become vacant.
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