Foreign Minister S Jaishankar has defended his election to the Rajya Sabha from Gujarat in a reply to the Supreme Court, asserting that there was no violation of legislation.
Mr Jaishankar’s election in 2019 from one of many two seats vacated by Union Ministers Amit Shah and Smriti Irani had been challenged by Gaurav Hemantbhai Pandya, the Congress candidate who had misplaced.
Mr Jaishankar, in his affidavit, says the voting process adopted by the Election Commission didn’t violate any legislation.
The Congress chief’s attraction was “based on misrepresentation of facts and not understanding the correct law position”, the External Affairs Minister stated.
Mr Pandya’s attraction had not been accepted by the Gujarat High Court, after which he had gone to the Supreme Court.
Polls had been performed in May 2019 for the seats vacated by Amit Shah and Smriti Irani after they received the Lok Sabha election. The polls had been performed by way of separate voting and the BJP received each seats.
The Congress argues that it might have received one of many seats if the polls had been held collectively on the system of proportional illustration via a single transferable vote. In this, the lawmakers record their order of choice for every candidate. The candidate that’s the first selection for extra voters wins. Each lawmaker’s vote is counted solely as soon as.
The BJP had 100 lawmakers and the Congress had 71 within the Gujarat meeting. As the elections had been held individually, a candidate wanted solely 50 per cent of the votes (88) to win.
To maintain the voting individually was “illegal and in violation of the constitution”, the Congress candidate says in his petition.
But based on the federal government, it has been a constant follow by the Election Commission “since 2009” to challenge separate notifications for by-polls to the Rajya Sabha.
The Supreme Court had requested for the External Affairs Minister’s response.