The Hindu : National : Court moved for stay of elections

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Friday, Jul 08, 2005

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National

Court moved for stay of elections

Legal Correspondent

NEW DELHI: A former Member of Parliament, Kuldip Nayar on Thursday filed an application in the Supreme Court seeking stay of the Rajya Sabha elections scheduled to be held on July 14, from the States of West Bengal, Goa and Gujarat.

Mr. Nayar has stated that his writ petition challenging the introduction of open ballot and domicile criterion was pending adjudication in the apex court before a five-Judge Constitution Bench. While so the Election Commission had fixed July 14 as the date of the election for the Rajya Sabha seats from the three States. CPI (M) polit bureau Member Sitaram Yechury and Brinda Karat, had already filed their nominations from West Bengal.

Mr. Nayar had challenged the amendments to Section 3 of the Representation of the People Act by which the domicile status of the candidate in the State from which he was seeking election was relaxed enabling anyone to contest from any State. The amendments had also effected changes in Section 59 of the Act to the effect that the votes at every election to fill a seat or seats in the Council of States shall be given by open ballot.

Mr. Nayar in the present application said since his petition was pending adjudication the Commission should withhold the July 14 elections. He said he had already written to the Commission to do so.

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