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Gujarat HC relief to election officer accused of helping Bhupendrasinh Chudasama win 2017 Assembly polls

Chudasama had won the election from Dholka constituency in Ahmedabad district by a wafer-thin margin of 327 votes and that too after Jani

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Education Minister Bhupendrasinh Chudasama interacts with school students
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In a major relief to deputy collector Dhaval Jani, who was accused of helping Education Minister Bhupendrasinh Chudasama win 2017 Assembly polls, the Gujarat High Court let Jani's name be removed as respondent in petition challenging the minister's poll victory.

Chudasama had won the election from Dholka constituency in Ahmedabad district by a wafer-thin margin of 327 votes and that too after Jani, the then returning officer, rejected 429 votes through postal ballots, a number greater than the winning margin. According to Chudasama's rival and Congress leader Ashwin Rathod, Jani was posted at Dholka after replacing then deputy collector Gaurang Prajapati only with an objective to increase the BJP leader's prospects of winning the election.

The single judge bench of Justice Paresh Upadhyay granted the relief to Jani, who moved a petition seeking deletion of his name. Counsel for the deputy collector said that the dispute is between Chudasama and Rathod and Jani's presence is not required in the adjudication of the same. It was also submitted by Jani that he will assist the court as a witness, if required.

Jani's plea was vehemently opposed by Rathod. The Congress leader's counsel contended that Jani joined in his personal capacity as a respondent since there are specific allegations against him. The advocate also stated that Jani had previously submitted affidavits that were utilised by Chudasama in the legal proceedings.

On the contrary, the counsel for Chudasama submitted before the court that he has no stand on the issue. When the court sought a clarification, the advocate stated that although serious allegations of corrupt practices have been leveled against his client, it is not the stand of Chudasama that Jani's presence is required as a respondent in the case.

Following the arguments, the court allowed the deletion of Jani's name as a respondent in the petition filed by Rathod, but clarified that it would not be open to Chudasama to contend in the future that Jani should not have been relieved as a respondent.

THE ALLEGATION

According to Chudasama’s rival and Congress leader Ashwin Rathod, Jani was posted at Dholka after replacing then deputy collector Gaurang Prajapati only with an objective to increase the BJP leader’s prospects of winning polls.

Chudasama had won the election from Dholka constituency in Ahmedabad district by a wafer-thin margin of 327 votes and that too after Jani, the then returning officer, rejected 429 votes through postal ballots.

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