The Supreme Court today refused to entertain a plea by the Gujarat Congress challenging the Election Commission's decision to hold separate by-polls to two Rajya Sabha seats in the state.

A vacation bench comprising Justice Sanjiv Khanna and Justice B R Gavai, however, granted liberty to the Gujarat Congress to file an election petition after the conclusion of polls to the two Rajya Sabha seats vacated by Union Ministers Amit Shah and Smriti Irani. 

An election petition is a procedure to call into question the election results of Parliamentary, Assembly or local elections.

The plea was filed by Congress MLA and Leader of Opposition in Gujarat Assembly, Pareshbhai Dhanani. The two Rajya Sabha seats fell vacant after Mr Shah got elected to the Lok Sabha from Gandhinagar and Ms. Irani from Amethi. Both had been elected as Rajya Sabha members from Gujarat in 2017.

The Election Commission had clarified that the vacancies for by-polls to all Houses, including the Rajya Sabha, are considered "separate vacancies" and separate notifications are issued and separate polls are held, though the schedule can be the same.

The Supreme Court today refused to entertain a plea by the Gujarat Congress challenging the Election Commission's decision to hold separate by-polls to two Rajya Sabha seats in the state.

A vacation bench comprising Justice Sanjiv Khanna and Justice B R Gavai, however, granted liberty to the Gujarat Congress to file an election petition after the conclusion of polls to the two Rajya Sabha seats vacated by Union Ministers Amit Shah and Smriti Irani. 

An election petition is a procedure to call into question the election results of Parliamentary, Assembly or local elections.

The plea was filed by Congress MLA and Leader of Opposition in Gujarat Assembly, Pareshbhai Dhanani. The two Rajya Sabha seats fell vacant after Mr Shah got elected to the Lok Sabha from Gandhinagar and Ms. Irani from Amethi. Both had been elected as Rajya Sabha members from Gujarat in 2017.

The Election Commission had clarified that the vacancies for by-polls to all Houses, including the Rajya Sabha, are considered "separate vacancies" and separate notifications are issued and separate polls are held, though the schedule can be the same.