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"Poll to Rajya Sabha seat subject to court ruling"

Siddharth Narrain


  • Filling of vacant seats in Lok Sabha needs EC's nod
  • Constitutional Bench to decide if Parliament can expel MPs
  • SC to decide whether Elders need to be domiciles of States they are contesting from

    NEW DELHI: The Supreme Court on Friday said elections to the Rajya Sabha seat rendered vacant by the expulsion of Chhattrapal Singh Lodha for his involvement in the cash-for-query scam would be subject to the Court's decision in a pending petition challenging the expulsion of Mr. Lodha.

    A three-judge Bench comprising Chief Justice Y. K. Sabharwal, Justice C. K. Thakker and Justice R. V. Ravindran said so while hearing a petition filed by Bahujan Samaj Party MLA Raja Ram Pal, challenging his expulsion from Parliament.

    The Bench replied that only the process of filling vacancies to the Lok Sabha would be held with the EC's permission.

    "All related matters would be heard by a Constitutional Bench that will decide if Parliament has the power to expel its members," the Bench contended.

    Following the Supreme Court's decision, the Election Commission on Friday announced that the by-election to the seat (rendered vacant by the expulsion of Mr. Lodha) would be held on March 28 along with by-elections to fill other Rajya Seats that will also fall vacant.

    "The results of this by-election will be subject to the Supreme Court's orders in a writ petition on whether candidates contesting polls to the Rajya Sabha need to be domiciles of or have a connection with the state they are contesting from," the EC pointed out. Former Rajya Sabha member and journalist Kuldip Nayyar had filed this petition. On Thursday, the Election Commission announced elections to 58 seats in the Rajya Sabha and 23 seats in the Legislative Councils of Bihar and Uttar Pradesh on March 28.

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