New Delhi: The Supreme Court on Tuesday upheld
the election of Maharashtra Chief Minister Prithviraj Chavan
for the state Legislative Council which he won unopposed as
the opposition parties did not field any candidates against
A bench of justices R M Lodha and H L Gokhale dismissed
the plea of Shiv Sena MLC Anil Dattatray Parab who had
challenged the Election Commission`s decision to hold the
He had pleaded that the Commission cannot hold the poll
as the election of Congress MLC Sanjay Dutt, who had vacated
his seat for Chavan, was pending in the Bombay High Court.
He had approached the apex court challenging the High
Court`s order giving a green signal to hold the election.
The apex court had on April 26 refused to stay the
election on May 4.
Chavan, earlier a Minister of State in the Prime
Minister`s Office (PMO) who replaced Ashok Chavan as the Chief
Minister of Maharashtra on November 11 last, was required
constitutionally to get elected to either House of the state
Legislature on or before May 11.
Parab, in his special leave petition, submitted the high
court order had failed to take into consideration a Supreme
Court judgement in Telangana Rashtriya Samithi (TRS) case that
a casual vacancy could not be filled when election petitions
were pending in the court.