SC Stays Gujarat HC Order Nullifying Minister’s Election

The HC declared the election of state BJP minister Bhupendrasinh Chudasama as void because of ‘corrupt practices’.

In a setback to Gujarat Education Minister Bhupendrasinh Chudasama, the Gujarat High Court on Tuesday, 12 May, invalidated the Dholka constituency election results in 2017

(Photo: Facebook/Bhupendrasinh Chudasama)

The Supreme Court on Friday, 15 May, stayed the judgment of the Gujarat High Court which had nullified the election of minister Bhupendrasinh Chudasama to the state Assembly from the Dholka constituency.

The apex court has issued notice in the matter, including to Congress candidate Ashwin Rathod, who had filed the election petition in the high court alleging that Chudasama had engaged in ‘corrupt practices’ by conspiring with the Returning Officer to ensure his election.

In a setback to Chudasama, the Gujarat High Court had on Tuesday invalidated the Dholka constituency election results of 2017. Chudasama had won the seat by a narrow margin of 327 votes – the court found that the Returning Officer had illegally excluded 429 postal ballots from the count, on the basis of a quid pro quo arrangement with Chudasama.

The Election Commission (EC) on Wednesday had formed a Committee of Officers (COO) to examine the HC judgment.

Justice Paresh Upadhyay, through video conference proceedings on Tuesday, upheld the contentions of Congress candidate Rathod, who had alleged that the elections were misconducted in violation of the poll code.

Rathod’s contention was that the 429 postal ballots, which ought to have been counted initially, had been rejected illegally by returning officer (RO) Dhaval Jani.

He alleged this was done at the behest of the ruling BJP which misused the government machinery. Rathod had demanded re-verification of the postal ballots.

Upholding these contentions, the Gujarat High Court on Tuesday invalidated the Dholka election results entirely. Soon after the HC decision, senior Gujarat Congress leader Shaktisinh Gohil tweeted, “Satyamev Jayate.”

“This is the victory of truth. The Education Minister should now tender his resignation immediately on moral grounds,” said Manish Doshi, Gujarat Congress spokesperson.

Chudasama holds the portfolios of Education, Law and Justice, Legislative and Parliamentary Affairs, Salt Industries, Cow Breeding and Civil Aviation in the Vijay Rupani government.

This comes at a time when the Rupani-led government is already facing flak for its handling of the coronavirus pandemic in the state.

It was not immediately known if the saffron party would challenge the verdict.

(With inputs from IANS)