Gujarat High Court
Credit: PTI File Photo
Ahmedabad: A petition has been filed in Gujarat High Court on Monday seeking to declare the unopposed election of BJP candidate from the Surat Lok Sabha seat null and void. The petitioners, claiming to be voters of Surat, have contended that the decision of returning officer (RO) to reject the nomination of Congress candidate was not in "consonance with provisions under Representation of People Act (RPA), 1951."
BJP's Mukesh Dalal was declared winner on the last day of withdrawal of nominations after Congress candidate Nilesh Kumbhani's nomination was rejected by the RO and other candidates withdrew their names. A writ petition is also likely to be filed to declare the result illegal. Earlier, Gujarat high court had rejected a public interest litigation (PIL), saying the matter warranted an election petition.
The election petition has been jointly filed by Kalpesh Barot, Zahir Shaikh and Ashok Pimpley through lawyer P S Champaneri in the high court. When contacted, Champaneri while confirming the filing of petition said that the petitioners are voters of Surat who have challenged the decision of the rejection of candidature of Congress candidate as "absolutely illegal", which paved the way for BJP's candidate win the seat without contest.
"We are seeking to declare the decision null and void under section 100 (c) which deals with any decision of improper rejection of nomination form is an essential dispute under RPA to question the decision of rejection of congress candidate," Champaneri said.
The petitioners' main contention is that section 36 of RPA is self contained code in the matter of determination of nomination form. One of the clauses say that R O should not adjourn the scrutiny of the paper or keep it in abeyance for any reason except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control. In this case, the RO didn't have any such situation.
"The scrutiny commenced at 11:30 am of the congress candidate. Return objections were submitted at 11:42. Now, the RO abandons the proceedings till 1 pm, which he couldn't have. At 1:30, the three proposers come on their own and submit the affidavits that they didn't sign as proposers. This was impermissible as no one is allowed to enter unless authorised," Champaneri said.
He added that after receiving those affidavits, the RO adjourned the matter to 4 o'clock. The Congress candidate submitted to grant time the next following day, which is permissible under the act and was granted accordingly. "In the meanwhile, no admitted handwritings were ever produced. A summary inquiry doesn't permit RO to take into consideration anything except an admitted signature. Similarly, no handwriting expert opinion was called for and the next day RO rejected the form which is absolutely not in consonance with RPA act," Champaneri said.
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