Rajyasabha election case: Ahmed Patel moves Supreme Court

New Delhi/Ahmedabad:

Senior Congress leader and Political Advisor to Sonia Gandhi, Ahmed Patel today moved the Supreme Court seeking quashing of the petition of BJP leader Balwantsinh Rajput in Gujarat High Court challenging his victory in the Rajyasabha election held in August last year.

The bench of Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud will hear Patel’s plea on July 9.

Patel in his petition before the apex court challenging the April 20 high court order has said that Rajput’s petition is “devoid of merits” and fails to show any “cause of action”.

Notably, the single bench of justice Bela Trivedi of Gujarat high court had rejected the application of 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 same court is now hearing the matter.

Rajput, who lost closely as the 3 rd BJP candidate in the election had questioned the Election Commission’s decision invalidating two votes by then rebel Congress MLAs on objection raised by Congress party. He 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 had 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 levelled in a vague manner, and do not constitute an offence 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