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Gujarat HC issues notice to state in connection to 2016 GMC polls

Petitioner Shailendrasinh Bihola informed the court that he was the official candidate of the Congress party for the Mayor elections

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A Congress corporator only voted against the party whip but, with the support of BJP corporators, also got elected in the Mayor election held for Gandhinagar Municipal Corporation in 2016.

However, the victory was challenged before the designated officer of the state government under the anti-defection law and lost. Now, that order is being challenged in the high court.

Petitioner Shailendrasinh Bihola has informed the court that he was the official candidate of the Congress party for the Mayor elections. However, another Congress corporator, Pravin Patel, who allegedly had personal problems with Bihola, also contested the election with BJP's 16 corporators and got won. Bihola has told the court that Patel's action was in violation of the anti-defection law and, therefore, the election should be quashed.

Bihola's advocate Chitan Champaneri's informed the court that both BJP and Congress got 16 candidates each in the last elections. Taking advantage of the no-party ruling the corporation, the ruling party was encouraging anti-party activity.

He further told the court that when the application was moved before the designated court after the election, it not entertained for a long time. The petitioner, therefore, had to approach the high court with a prayer to direct the officer to hear his application on merits and decide. The court had ordered to decide within two months. Later, the officer has rejected the application, but petitioner has grievances with the order as no satisfactory reasons or law is cited in the order.

After hearing the primary submission of the petitioner on Tuesday, single bench Justice Bela Trivedi issued a notice to the state government and the designated officer and asked them to file a reply within 8 weeks, when the matter is kept for further hearing.

POLL POLITICS

  • Petitioner Shailen-drasinh Bihola informed the court that he was the official candidate of the Congress party for the Mayor elections.
     
  • Bihola’s advocate Chitan Champaneri’s informed the court that both BJP and Congress got 16 candidates each in the last elections.
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