This story is from May 12, 2020

HC verdict likely today on challenge to Chudasama’s poll win

HC verdict likely today on challenge to Chudasama’s poll win
Ahmedabad: The Gujarat high court is likely to deliver its verdict on Tuesday on the petition challenging the thin-margin victory of the state education and law minister Bhupendrasinh Chudasama in the 2017 state assembly elections from Dholka constituency.
Chudasama’s 327-vote victory over Congress candidate Ashwin Rathod was challenged by the latter alleging misconduct and violation of the poll code on part of Chudasama, particularly in counting of votes.
Rathod had demanded re-verification of 429 postal ballots, which were rejected by the returning officer Dhaval Jani. Rathod submitted before the HC that the rejection on non-counting of postal ballots would have changed the result because the victory margin was only 327 votes.
The court proceedings before Justice Paresh Upadhyay were marked by the court’s anguish expressed at Chudasama’s affidavit filed before the Supreme Court, in which Chudasama had termed the high court’s approach as partisan. Justice Upadhyay had given a dressing down to Chudasama’s lawyers saying that when the law minister himself made such a remark, the question would arise on court’s dignity and impartiality.
Later in September 2019, Chudasama entered the witness box and apologized to the judge for his mistake. Chudasama insisted on entering the witness box, though he had not first offered himself to be examined while giving the list of his witnesses.
Another highlight of the proceedings was the deposition of the returning officer, Jani, who admitted to mistakes on several counts. The high court took notice of the violation of the election guidelines by the Election Commission of India and recorded the officer’s admission. The CCTV footage showed Jani talking on his cellphone in counting room, where use of cellphone is prohibited.
The high court was so furious over Jani’s conduct during the counting of votes that the state government had to withdraw a promotion granted to Jani last year. The court had made Jani and the election observer, a Rajasthan-cadre IAS officer Vinita Bohra, party respondents in the litigation.
As many as 23 results of the 2017 assembly polls were challenged before the high court. In one such case, Dwarka’s six-time MLA Pabubha Manek’s victory was annulled by the high court because of a mistake committed in filing nomination.
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