HC frames issues in plea against Congress leader Ahmed Patel's 2017 Rajya Sabha election win

The issues framed by the court include whether Patel or his election agent committed an act of "bribery" and "undue influence" and thereby indulged in "corrupt practices".

Published: 12th January 2019 05:31 PM  |   Last Updated: 12th January 2019 05:31 PM   |  A+A-

Senior Congress leader Ahmed Patel (File | PTI)


AHMEDABAD: The Gujarat High Court has framed six issues in an election petition filed by BJP leader Balvantsinh Rajput challenging veteran Congress leader Ahmed Patel's election to the Rajya Sabha from the state in 2017.

Justice Bela Trivedi framed the issues on Friday.

The court will hear the case next on January 18.

The issues framed by the court include whether Patel or his election agent committed an act of "bribery" and "undue influence" and thereby indulged in "corrupt practices" as alleged by Rajput, making the election "liable to be declared as void".

Some of the other issues are whether two "invalid votes" cast by Congress MLAs Shailesh Parmar and Miteshbhai Garasia, and "improper refusal or rejection" of votes cast by rebel Congress MLAs Bholabhai Gohil and Raghvjibhai Patel materially affected the outcome of the election.

The issue also concerns the Election Commission of India (ECI) order as to whether it was "being violative of the principles of natural justice, without any authority of law".

The issues have been framed under various sections of the Representation of the People Act, 1951.

Earlier this month, the Supreme Court had asked Ahmed Patel to face trial in connection with his election to the Rajya Sabha.

He had then moved the apex court challenging the high court order, which had dismissed his plea questioning the maintainability of Rajput's election petition.

Patel had contended that the poll panel's decision could not be challenged by an election petition.

The apex court had on September 26 asked the Gujarat HC to decide afresh Patel's plea challenging the maintainability of the petition filed by Rajput.

The high court had dismissed Patel's plea in October.

Rajput had filed the petition in the high court after Patel was declared as a winner by the Election Commission in the election to the Upper House of the Parliament held in 2017.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp