Gujarat Law and Education Minister Bhupendrasinh Chudasama on Wednesday moved the Supreme Court against a High Court decision nullifying his 2017 election on the grounds of malpractice and manipulation.
The High Court had held that the returning officer “illegally rejected” 429 postal ballots during the counting, while the victory margin was a mere 327 votes. Congress candidate Ashwin Rathod had challenged the victory of his BJP rival from Dholka.
Seeking a stay, Mr. Chudasama said the High Court had committed an error; it did not appreciate that Mr. Rathod did not have any reliable and cogent evidence. Therefore, he was not entitled to being declared elected from ‘58- Dholakia Constituency’ in the Assembly Elections on December 14, 2017, he said.
The High Court had found that the procedure adopted for the counting went “against the orders of the Election Commission of India” and was illegal. It concluded that Mr. Chudasama indulged in a “corrupt practice” under the Representation of the People Act, 1951.