External affairs minister S Jaishankar has within the Supreme Court defended his election to the Rajya Sabha from Gujarat final yr, stating that the process of voting adopted by the election fee didn’t flout any regulation or constitutional provision.
Submitting his affidavit in response to a petition by defeated Congress occasion candidate Gaurav Hemantbhai Pandya, the minister accused Pandya of “misusing the process of law” by submitting a number of election petitions earlier than the highest court docket.
Jaishankar additionally emphasised that the Congress chief’s attraction towards the Gujarat excessive court docket’s order relies on “misrepresentation of facts and incorrect understanding of law”.
What lies on the centre of controversy is the election fee’s choice to carry separate polls for the 2 RS seats vacated by Union ministers Amit Shah and Smriti Irani in May 2019. The polls had been carried out on the identical day however by way of separate voting and each seats had been gained by the candidates put up by the Bhartiya Janta Party (BJP) – Jaishankar and Jugal M Lokhandwala. The Congress had hoped to bag a minimum of one RS seat on the premise of single transferable vote had the elections for each seats occurred collectively. Defeated Congress candidates, together with Pandya, had thus moved excessive court docket, which declined to entertain their petitions. Subsequently, they filed their appeals within the Supreme Court.
On November 18, an SC bench, headed by Chief Justice of India SA Bobde, issued a discover to Jaishankar. At that point, senior advocate Kapil Sibal, showing for Pandya, asserted that the petition raised necessary authorized points in regards to the election fee’s energy to conduct separate voting for informal vacancies that come up concurrently.
The SC will take up Jaishankar’s response on Monday when the matter comes up for listening to.