NE LEGAL BUREAU
AHMEDABAD, MAY 12
Putting the ruling BJP Government in a tight spot, the Gujarat High Court on Tuesday invalidated the election of Bharatiya Janata Party leader and state Cabinet minister Bhupendrasinh Chudasama on grounds of “malpractice and manipulation.” Chudasama had won from Dholka constituency in Ahmedabad by a thin margin of 327 votes in 2017.
Incidentally, 20 similar cases are still pending before the court.
Chudasama currently holds education, law and justice, legislative and parliamentary affairs, and some other departments in the Vijay Rupani-led government.
#GujaratModel of Elections exposed. Gujarat Law Minister Bhupendra Sinh Chudasama’s election victory in 2017 declared unlawful, null & void by Gujarat High Court in a land mark judgement
— MLC Dr.Pradnya Rajeev Satav (@SATAVRAJEEV) May 12, 2020
The court cancelled Chudasama’s election in an order passed on a petition by his opponent, Congress candidate Ashwin Rathod. In his petition, Rathod alleged that Chudasama indulged in corrupt practices and violated “many of the mandatory instructions of the Election Commission” at various stages of the election process, especially during the counting of votes for the Assembly elections in 2017.
सत्य मेव जयते । 🙏
— Shaktisinh Gohil MP (@shaktisinhgohil) May 12, 2020
Rathod added that the returning officer had manipulated the counting process, giving his opponent an unfair lead over him. He also demanded a re-verification of 429 postal ballots.
During the hearing, Justice Paresh Upadhyay noted that Chudasama was complicit with the returning officer, who deliberately avoided the counting of postal ballots, and rejected his lawyers’ request to stay the order. He also rebuked them over the BJP leader’s reference to the High Court as ‘partisan’ in an affidavit filed in the Supreme Court.
The court’s action against Chudasama, a sitting minister, is a rare move. He has the option to move the top court against the order.
Reacting to the HC verdict, Deputy Chief Minister Nitin Patel told the media that the order will be challenged at the Supreme Court and the party will stand by Chudasma, who has been a committed member of the party from the days of Jan Sangh.
Congress national spokesperson Shaktisinh Gohil tweeted “Satyamev Jayate” (truth prevails) after the verdict was out.
