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The Supreme Court of India. (Ramesh Pathania/Mint)
The Supreme Court of India. (Ramesh Pathania/Mint)

Supreme Court issues notice in pleas challenging election of S. Jaishankar to Rajya Sabha

  • The apex court bench headed by Chief Justice SA Bobde issued a notice returnable on 8 December which is a non-miscellaneous day for the hearing of the cases

The Supreme Court on Wednesday issued notices in a batch of plea challenging the election of External Affairs Minister Subhramanyam Jaishankar Krishnaswamy to Rajya Sabha from Gujarat.

The petitions have also raised the issue of the Election Commission's power on the issuance of separate notifications for holding by-polls for casual and regular vacancies in Rajya Sabha.

The apex court bench headed by Chief Justice SA Bobde issued a notice returnable on 8 December which is a non-miscellaneous day for the hearing of the cases.

Senior Advocate Harish Salve being the arguing counsel for Jaishankar accepted the notice. The court observed in its order, “Waive service on the respondents-Caveators since Ms. Swarupama Chaturvedi, learned counsel, is appearing on behalf of those respondents Caveators. Reply affidavit, if any, be filed by the respondents in the meantime." Chaturvedi is the advocate on record appearing on behalf of Jaishankar.

The bench also comprising Justices AS Bopanna and V Ramasubramania while issuing notice to all the other respondents, condoned the delay in filing of the plea.

Congress leader Gaurav Hemantbhai Pandya is one of the petitioners in the case.

Earlier, the top court had said that it would like to give an authoritative pronouncement on the issue of Election Commission's power on the 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 and both seats were won by BJP candidates.

Earlier, the top court had said that there was no authoritative judgment 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 4 February, had dismissed the plea of Congress leader Gaurav Pandya against Jaishankar's election to the Rajya Sabha.

(PTI contributed to the story)

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