'No violation of any law': Jaishankar on Congress' plea challenging Rajya Sabha election

Responding to a batch of pleas in Supreme Court challenging his election to Rajya Sabha from Gujarat, External Affairs Minister S Jaishankar has stated that there has been no violation of the law. In his written response, he said that 'no provision in Constitution or Representation of People Act mandates the conduct of election through single bye-election". Thus, he said that no violation of any law "in the facts and circumstances" has taken place in the present case. He also added that the seats fell vacant on two different cases and that there is no law to prohibit notification on two different dates. 

The pleas point out that the Election Commission issued separate notifications for holding by-polls for casual and regular vacancies in Rajya Sabha. One of the plea against Jaishankar has been filed by Congress leader Gaurav Pandya. He had moved Supreme Court after the Gujarat High Court, on 4 February, had dismissed his plea. It had also dismissed two other petitions filed by Congress leaders Chandrikaben Chudasama and Pareshkumar Dhanani against the election of BJP candidate Jugalji Thakore. Jaishankar and Thakore were elected to Rajya Sabha on 5 July last year in by-polls held on seats vacated by Union ministers Amit Shah and Smriti Irani, wherein they defeated Pandya and Chudasama.

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Earlier in November, Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian took note of the submissions of senior advocate Kapil Sibal stand gave time to Jaishankar to submit his response.  "We will give you short date and it will be listed on non miscellaneous day," the bench had said. Senior advocate Harish Salve is appearing for Jaishankar in the case.

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Congress' allegations 

On July 5, 2019, in a major victory to the saffron party in PM Modi's home state of Gujarat, BJP won both seats of Rajya Sabha by-polls after RC Faldu's vote was disqualified., thus electing Union External affairs minister S Jaishankar and OBC leader Juglaji Thakor to the Rajya Sabha. "They (BJP) did not have the numbers, that's why they might've gotten something done so that Election Commission issued two notification. Rajya Sabha elections have first and second preferences. They would not have won both the seats. So they did this," Paresh Dhanani, leader of Opposition, Gujarat State Assembly had stated at the time.

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