SC refuses to entertain Sena candidate`s petition on RS poll
New Delhi: The Supreme Court Monday declined to entertain a petition challenging the Election Commission`s decision to hold separate elections for filling
up three vacant seats in the Rajya Sabha from Maharashtra.
The petition filed by Rahul S Narwekar, a Shiv Sena aspirant for one of the seats, had alleged the decision to hold three separate elections by way of separate notifications
was intended to ensure victory of the Congress-NCP combine in violation of the "proportional voting" system.
However, a Bench comprising Chief Justice K G Balakrishnan and Justice B S Chauhan refused entertain the submission of the counsel that the apex court should consider
the petition as substantial question of law was involved in
The petitioner had contended if separate elections are held then the ruling party having sufficient majority would be able to get all its candidates elected.
Such a system violated the Representation of Peoples Act as elections to the Rajya Sabha are to be held only on the basis of a single transferable vote, also known as
proportional voting system, the petitioner argued.
But if separate elections are held, as now proposed by the EC, only the Congress-NCP candidates would be elected, Narwekar contended and sought staying of the notification.
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