Ahmedabad, Jun 3 (PTI) A petition challenging the validity and legality of the returning officer’s decision to reject the nomination of the Congress’ Surat Lok Sabha candidate Nilesh Kumbhani was filed in the Gujarat High Court on Monday.
Bharatiya Janata Party (BJP) candidate Mukesh Dalal was declared winner unopposed after Kumbhani’s nomination was rejected and other candidates withdrew from the race.
The election petition was filed by three voters of Surat parliamentary constituency and questions the decision of the returning officer under Section 36 of the Representation of the People Act relating to the scrutiny of the nomination form, their lawyer PS Champaneri said.
“The RP Act provides that whenever an EP (election petition) is filed, the office will place it before the Chief Justice to entrust the matter to any of the judges of the High Court for trial. A trial will then begin and the court may issue summons to the winning candidate,” he said.
On May 1, the division bench of Chief Justice Sunita Agarwal and Justice Anuruddha P Mayee had refused to take up a public interest litigation related to Dalal’s uncontested win and had directed the lawyer for the petitioner to challenge the matter through an Election Petition and not a PIL.
Petitioner Bhavesh Patel had sought an urgent hearing of his PIL saying he was a voter in Surat parliamentary constituency of Surat. In the petition, he had contended that the Election Commission gave a certificate declaring Dalal as the winner without voting, taking away the option for negative voting. PTI KA PD BNM
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