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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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Amit Shah praises Dharmendra Pradhan’s resignation, says Nation above post

Amit Shah hailed Dharmendra Pradhan’s resignation as Union Education Minister, saying BJP places the nation and students above any position while highlighting the government’s commitment to examination reforms.

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Amit Shah

Union Home Minister Amit Shah on Saturday praised Dharmendra Pradhan’s decision to step down as Union Education Minister, saying the move reflected the Bharatiya Janata Party’s commitment to placing the nation and students above any political position.

In a post on X, Shah said that for BJP workers, the country, its youth and students are more important than any office. He described Pradhan’s resignation as an example of the party’s guiding principle of prioritising national interest over personal ambition.

Shah highlights government’s focus on exam reforms

Amit Shah said the Narendra Modi-led government respects the sentiments of students and remains committed to strengthening the examination system following concerns over alleged paper leaks.

He said the Centre has introduced strict measures to ensure severe punishment for those involved in examination paper leaks and expressed confidence that these steps would deliver justice to students who cleared the National Eligibility-cum-Entrance Test (NEET).

Praises Pradhan’s work as Education Minister

Recalling Dharmendra Pradhan’s tenure, Shah highlighted several initiatives undertaken during his time in the Education Ministry. He credited Pradhan with helping implement the National Education Policy (NEP), expanding PM SHRI schools, promoting digital education, strengthening skill development and improving coordination between industry and academic institutions.

Shah also said Pradhan worked towards making examinations more inclusive and student-centric, adding that his tenure reflected his commitment to the vision of a developed India.

Resignation follows NEET controversy

Dharmendra Pradhan’s resignation comes amid nationwide protests over alleged irregularities in the NEET examination and growing demands for accountability.

The resignation has triggered political reactions across party lines. While opposition parties have described the development as a result of sustained student protests, BJP leaders have projected it as an example of accountability and commitment to national interest.

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Centre ready for NEET debate in Parliament, Rahul Gandhi’s paper leak claims to be investigated: JP Nadda

Union Health Minister JP Nadda said the government is prepared for a detailed Parliament debate on the NEET paper leak issue and will investigate Rahul Gandhi’s allegations of multiple paper leaks over the last decade.

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JP-Nadda

The Centre has reiterated its willingness to hold a detailed discussion on the NEET paper leak issue in Parliament, with Union Health Minister JP Nadda saying the government is prepared for a debate of any duration. He also said Leader of the Opposition Rahul Gandhi’s allegations of around 152 examination paper leaks over the past 10 years would be investigated.

Government open to debate of any duration

Speaking to the media on Wednesday, JP Nadda said the government has consistently supported a discussion on the paper leak issue in Parliament. He stated that the Opposition could decide the duration of the debate through the Business Advisory Committee, whether it is a short discussion or one extending to 12 or even 18 hours.

Nadda, who is also the Leader of the House in the Rajya Sabha, said the government remains fully prepared for a comprehensive discussion and urged the Opposition not to shift its position on the issue.

Rahul Gandhi’s paper leak allegations to be examined

Responding to Rahul Gandhi’s recent presentation, Nadda said the Congress leader referred to nearly 150 paper leak incidents over the last decade. He described those claims as a matter that requires investigation and said the government would examine the allegations before presenting the facts to the public.

According to Nadda, a responsible government is committed to verifying such claims and ensuring that the truth is established through due investigation.

Calls for a united approach on NEET issue

Highlighting the significance of the matter, Nadda said the future of students should remain the top priority for both the government and the Opposition. He appealed to political parties to work together in finding a long-term solution to prevent examination irregularities.

He added that safeguarding the interests of students is a shared responsibility and called for constructive cooperation instead of political differences.

Nadda on meeting with CJP representatives

The Union Minister also spoke about his recent interaction with representatives of the Cockroach Janata Party (CJP). He said the meeting was held in a cordial atmosphere, during which the government listened to their concerns and asked them to submit their suggestions in writing.

Nadda said the government remains open to further discussions whenever required and clarified that no meeting with the group was held on Wednesday.

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Opposition demands Dharmendra Pradhan’s resignation before NEET discussion in Parliament

The Opposition has demanded Union Education Minister Dharmendra Pradhan’s resignation before any discussion on the NEET paper leak in Parliament, while the Centre says it is fully prepared for a debate.

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The political deadlock over the NEET paper leak issue continued in Parliament on Wednesday, with Opposition parties demanding the resignation of Union Education Minister Dharmendra Pradhan before any discussion takes place. The Centre, however, maintained that it is fully prepared to debate the matter during the ongoing Monsoon Session.

Leading the Opposition in the Rajya Sabha, Congress president Mallikarjun Kharge said there could be no fair discussion on the NEET issue unless Dharmendra Pradhan resigned from his post.

Centre rejects Opposition’s condition

Responding to the Opposition’s demand, Leader of the House JP Nadda said the government was not avoiding a discussion and remained open to debating all issues, including the alleged NEET paper leak.

He said the government had already made its position clear and described it as transparent, adding that it was willing to discuss every matter raised by the Opposition.

Parliamentary Affairs Minister Kiren Rijiju also reiterated that the Centre had been ready for discussions since the beginning of the Monsoon Session. He said the government had consistently conveyed its willingness to debate the NEET issue and other important matters.

Rijiju added that if the Opposition was looking for reasons to avoid a discussion, it would not be appropriate. According to him, the procedure and timing of the debate would be decided after consultations among all parties under the Chair’s guidance.

Opposition maintains resignation demand

The government also informed the House that its willingness to discuss the issue had been communicated to Congress leaders and representatives of other political parties.

Samajwadi Party chief Akhilesh Yadav echoed the Opposition’s stand, saying students were seeking the resignation of the Education Minister before any discussion. He asserted that the resignation should come first, followed by parliamentary debate on the issue.

Akhilesh Yadav also joined Rahul Gandhi and other Opposition MPs during a march towards the Prime Minister’s residence in New Delhi on Tuesday as part of the protest over the NEET controversy.

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