SC relief for Guj min after HC voids win

nNEWDELHI:THE Supreme Court on Friday stayed a Gujarat high court order declaring the election of state law minister Bhupendrasinh Manubha Chudasama void. The HC order of May 12 and set aside his December 2017 election from Dholka assembly seat on the grounds that the returning officer “illegally rejected/ excluded from consideration” 429 postal ballots “as against the victory margin of 327 votes."

The high court case was filed by the losing candidate, the Congress’ Ashwinbhai Khamsubhai Rathod. Chudasama filed an appeal in the Supreme Court on May 13. Chudasama is holding the portfolios of education, law, legislative and parliamentary affairs in the Vijay Rupani government. He contested from Dholka seat in 2017 and won by a margin of 327 votes. Doubts were raised over the manner in which returning officer Dhaval Jani rejected 429 postal ballots. The break-up of those 429 votes isn’t known. While setting aside Chudasama’s election, the HC refused to grant a stay till he appealed.

Senior advocates Harish Salve and Neeraj Kishan Kaul appearedfor the beleaguered minister. Salve claimed that the HC was wrong in concluding allegations against his client without supporting evidence. Kaul said there was no link established between Chudasama and the returning officer.

The bench of Justices MM Shanantanagouder and R Subhash Reddy ordered a stay of the HC judgment. Rathod was represented during the virtual hearing by senior advocate Kapil Sibal, who referred to the HC decision which listed out the illegalities committed by the RO. Hinting at collusion between the RO and the elected candidate, Sibal asked the bench, “When have your Lordships stayed matters such as these which are based on corrupt practices?” The court has sought responses from Rathod, the returning officer and the EC.

Reacting to the SC decision, Gujarat BJP spokesperson Bharat Pandya said, “We welcome it. This stay has brought relief for Bhupendrasinh Chudasama and the BJP.”

State Congress spokesperson Manish Joshi said, “This is just a stay. Just like in high court, we would present the facts in front of the apex court. Everybody knows that the BJP won through malpractices.”