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The Supreme Court Monday declined to grant permission to the Election Commission to hold polls in May for 10 Lok Sabha seats left vacant following expulsion of members of Parliament in the wake of the 'cash-for-query' scam.
A Bench of Chief Justice Y K Sabharwal and Justice C K Thakkar directed listing of the Election Commission's application in July.
The Election Commission's counsel S Murlidhar submitted that according to the constitutional provisions the commission is bound to hold elections within six months, which expires on June 20.
He said it would be difficult for the commission to hold elections to the 10 seats spread over six states in June due to the harsh weather conditions at that time of the year.
Murlidhar was supported by the Centre's counsel as also the attorney general.
On March 3, the apex court asked the commission not to initiate, without its permission, the process for filling up the vacancies created by the expulsion of 10 Lok Sabha members.
The direction came while hearing a petition filed by expelled Bahujan Ssamaj Party MP Raja Ram Pal challenging his expulsion.
The apex court, which had transferred to itself 10 other petitions pending in the Delhi high court, however, asked the commission to go ahead with the election for filling the lone Rajya Sabha seat that fell vacant following expulsion of Chhatrapal Singh Lodha, but made it clear it shall be subject to the outcome of the writ petition.
The court allowed the expelled MPs to continue staying in the official accommodation. The apex court said all the matters would be heard by a Constitution Bench, which would decide if Parliament has the power to expel its members or not.
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