HC refuses to interfere in Haryana Rajya Sabha bye-election

NEW DELHI: The Delhi High Court today refused to interfere in the Rajya Sabha bye-election in Haryana, scheduled to take place on December 5, on the ground that the election process was already underway.

A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw posted the matter for further hearing on February 10.

"Since the election process is in progress, we cannot stay the proceedings. We will hear the arguments in February," the court said.

The bench also directed Additional Solicitor General Sanjay Jain and advocate Anurag Ahluwalia to file counter affidavit within 4 weeks.

The High Court was hearing a plea filed by Avtar Singh Bhadana challenging the notification issued on November 14 by the Election Commission for holding bye-elections in Haryana on the ground that it was "illegal".

Haryana Rajya Sabha seats have been divided in three categories in which the elections are held after two years for two representatives and then after two years one representative and two representatives.

The petition has stated that elections for two Rajya Sabha seats was held in Haryana in 2010. Birender Singh and Ranbir Singh Prajapati were elected for six years, whose term of office was upto August 1, 2016.

Later, Birender Singh resigned on August 28 after joining BJP and Ranbir Singh Prajapati resigned on October 1 after being elected as members of Legislative Assembly of Haryana, which led to the vacancy.

The plea claimed that the seats held by Birender Singh and Ranbir Singh Prajapati belong to one category since both were elected in 2010.

It alleges that the notification was contrary to the mandate given by Article 80(4) of the Constitution of India since two separate elections are being held and in both the separate elections, the majority member will win.