By IANS,
New Delhi : The Supreme Court Friday issued a notice to Maharashtra Chief Minister Prithviraj Chavan on a petition challenging his election to the state legislative council. Chavan was elected to the legislative council in a by-poll May 4.
The apex court bench of Justice J.M. Panchal and Justice H.L. Gokhale issued the notice on the petition of Shiv Sena MLC Anil Dattatray Parab, who challenged the election.
The Shiv Sena MLC has contended that the Election Commission held the election to the sole seat vacated by Congress member Sanjay Dutt in breach of the apex court verdict which forbids election to be held for a seat in respect of which an election petition is pending.
Parab has contended that the apex court in Telangana Rashtriya Samithi (TRC) case had held that the Election Commission could not hold election to a vacant seat if an election petition was pending in respect of it.
The Shiv Sena MLC held that the seat to which Chavan has been elected was subject to legal challenge as the 2010 election to the seat was held on a quid pro quo basis. Suspended MLAs of the Maharashtra Navnirman Samiti voted for the ruling party candidate for that seat in return for revocation of their suspension from the assembly, Parab contended.
Sanjay Dutt, who was the sitting MLC and was to retire in 2016, vacated his seat to facilitate election of Chavan, who needed to fulfil the statutory requirement of being elected to either house of the state legislature within six months of becoming the chief minister.