Gujarat HC rejects Ahmed Patel’s plea seeking dismissal of Rajput’s petition challenging his election to RS

Ahmedabad:

Gujarat high court today rejected the application of Rajya Sabha member and senior Congress leader Ahmed Patel which sought dismissal of BJP’s Balwantsinh Rajput’s petition challenging his narrow margin win in August 8, 2017 election on one of the 3 seats of upper house from the state.

The single bench court of Justice Bela Trivedi had reserved its verdict on the application of Patel on April 11 after completion of hearing. Delivering its verdict the court today rejected the application of the political secretary of UPA chairperson Sonia Gandhi.

With this the hearing on Rajput’s election petition would continue in the same court. Rajput, who lost closely as the 3 rd BJP candidate in the election has questioned the Election Commission’s decision invalidating two votes by then rebel Congress MLAs on objection raised by Congress party. He has also accused Patel of indulging in corrupt practice by taking 44 Congress MLAs to a resort in Bengaluru and keeping them in captivity and spending lavishly on their entertainment. He has sought cancellation of the election of Patel.

Patel through his advocate Kapil Sibal filed the application in the high court seeking dismissal of Rajput’s election petition at the admission stage claiming it was filed in a faulty manner and with inadequate details, and not following the provisions the Civil Procedure Code. Sibal had sought rejection of Rajput’s petition according to provision of Section 81(3) of the Representation of People Act.

He also submitted that Rajput had served an incomplete copy of his petition to his client (Patel). He had also argued that Rajput’s allegations against Patel about taking Congress MLAs to a resort in Bengaluru were leveled in a vague manner, and do not constitute an offense due to absence of basic details.

Earlier the same court had instructed Rajput to remove Election Commission of India (ECI)’s name as a party in the case from his petition.

During the nail biting finish of the election two other BJP candidates party president Amit Shah and union minister Smriti Irani sailed through easily while Rajput who had switched from Congress to the ruling party and was declared a surprise 3rd candidate lost by a close margin during counting which continued post midnight.

DeshGujarat

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