New Delhi: In a setback to Congress, there would be separate elections to two Rajya Sabha seats from Gujarat which remained vacant following the election of Union home minister Amit Shah and women and child development minister Smriti Irani to Lok Sabha as Supreme Court on Tuesday refused to interfere with the ongoing election process.

Refusing to interfere with the elections to two RS seats from Gujarat polling, which would take place on July 5, a vacation bench of Justice Sanjiv Khanna and Justice B.R. Gavai said that only an election petition could be filed in the matter.

The bench cited the Article 329(b) of the constitution saying that no election to the either house of Parliament – Lok Sabha  and Rajya Sabha – “shall be called into question except by an election petition.”

The BJP has nominated external affairs minister S. Jaishankar from one of the two seats.

As senior counsel Vivke Tankha appearing for Congress referred to judgments by Delhi high court and the Bombay high court, Justice Khanna reminded him that all the three judgment, he was referring to, were the outcome of election petitions.

The leader of opposition in Gujarat assembly Paresh Dhanani had moved the top court challenging the Election Commission notification for holding separate polls to two RS seats from Gujarat.

As Justice Khanna said that the judgment cited by the petitioner were very clear, Mr Tankha said that they were clear in my favour. At this Justice Khanna replied, “You will not be able to cover it, your time is up.”

Justice Gavai also questioned where was the violation of fundamental rig-hts prompting the leader of the opposition in Guj-arat assembly to move the top court under Article 32 of the constitution.