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By-polls to two Rajya Sabha seats: SC rejects Congress plea against separate elections

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By-polls to two Rajya Sabha seats: SC rejects Congress plea against separate elections

The Supreme Court (SC) today (Tuesday, June 25) rejected Congress Gujarat unit’s petition challenging Election Commission’s (EC) decision to hold separate by-polls for two Rajya Sabha seats from Gujarat, which fell vacant due to the election of Amit Shah and Smriti Irani to Lok Sabha.

The elections will be held on July 5. The BJP yesterday named External Affairs Minister and former foreign secretary S Jaishankar as its candidate for a Rajya Sabha seat from the state, hours after he joined the party in the presence of its working president JP Nadda. Jugalji Mathurji Thakor is BJP’s candidate for the second seat.

The SC, while refusing to interfere with the EC’s decision, ruled that the courts could not intervene once the poll panel issues the order. The top court said the law is clear that the only way to challenge the election is to file an election petition.

“It’s better the petitioner go for election petition after the results. Once the notification is issued by the Election Commission, the only remedy is to file an election petition. The court can’t intervene after the EC issues notification for polls,” said the Supreme Court bench of Justices Sanjiv Khanna and BR Gavai. “What’s the violation of fundamental rights here?” the court told the Congress lawyer Vivek Tanka.

“There is no violation of fundamental rights. Also, earlier judgements supported the Election Commission’s decision to hold separate polls. Today is the last date for nominations and the EC can go ahead and hold the polls as per schedule,” said EC’s lawyer Rakesh Diwedi.

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The EC, in its affidavit filed in reply to the petition, reiterated that the two seats were casual vacancies, and there was nothing in the law which said separate elections should not be held for them.

Pareshbhai Dhanani, Congress MLA from Amreli and Leader of Opposition in Gujarat Assembly, had asked the top court to order the poll panel to hold the by-polls simultaneously.

The petition filed by Dhanani challenged the EC’s classification of the two vacancies as “casual” for conducting separate by-polls, and emphasised that Section 69 (2) of the Act, read with Section 67A and Section 68(4), makes them “statutory vacancies”.

The two Rajya Sabha seats in Gujarat fell vacant after Shah and Irani were elected to the Lok Sabha from the Gandhinagar and Amethi constituencies respectively. Their Rajya Sabha terms were to end in August 2023.

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Separate by-polls for the two seats means the BJP candidates are most likely to win both seats. With 100 out of 175 MLAs at present (full strength is 182), the BJP is way ahead of second-placed Congress at 71. Each of these MLAs will be voting in two different elections.

The Congress alleged that the poll body–by notifying separate elections –had adopted a new method of conducting elections and was acting under pressure.

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The EC had opposed any interference by the Supreme Court in the Gujarat RS by-polls process, arguing that once the by-polls were notified the jurisdiction of the courts was barred. The EC had also cited precedents of holding RS by-polls separately along with court endorsements of the past instances.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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Raghav Chadha’s security withdrawn by Punjab amid AAP rift, Centre steps in with cover

Punjab withdraws Raghav Chadha’s security amid party tensions, Centre offers fresh protection.

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The Punjab government has withdrawn the Z+ category security cover provided to Raghav Chadha, amid an ongoing rift within the Aam Aadmi Party.

According to sources, the security personnel deployed by Punjab Police have been asked to report back, marking a significant development in the political dispute involving the Rajya Sabha MP.

The move comes shortly after Chadha was removed from his position as deputy leader of the party in the Rajya Sabha, signalling deepening differences between him and the party leadership.

Centre offers fresh security arrangement

Soon after the withdrawal, the Ministry of Home Affairs stepped in to provide security cover to Chadha.

Sources indicate that he will now receive Z-category security in Delhi and Punjab, while a Y-category cover may be provided in other parts of the country.

This shift ensures continued protection for the MP despite the withdrawal of state-provided security.

Fallout linked to political disagreement

The development is part of a broader fallout between Chadha and his party. He was recently replaced as deputy leader in the Rajya Sabha, with the party reportedly expressing dissatisfaction over his political approach and conduct in Parliament.

Chadha, however, has denied the allegations, calling them baseless and asserting that his focus has been on raising public issues rather than engaging in political confrontation.

Growing divide within party ranks

Once considered a close associate of Arvind Kejriwal and a prominent face of the party, Chadha’s recent removal from key roles and the withdrawal of his security underline a widening internal divide.

He is among the few leaders in the party who have recently found themselves at odds with the leadership, indicating shifting dynamics within the organisation.

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