BJP's defeated candidate Balvantsinh Rajput's election petition does not comply with various sections of The Representation of People's Act and also does not follow the High Court's rules, and so it should be rejected, claimed Congress Rajya Sabha member Ahmed Patel in his reply.
Balvantsinh Rajput had filed an election petition challenging the Rajya Sabha elections, in which Congress candidate Ahmed Patel was declared as elected. His contention was that the two votes disqualified by the Election Commission should be restored and if those votes are counted, he will be declared elected. He has pleaded that the two Congress votes be disqualified.
This petition had come up for hearing before single bench Justice Bela Trivedi on August 21. The court had issued a notice to Ahmed Patel, the Election Commission, BJP's elected candidate Amit Shah and Smriti Irani. Patel filed his reply on Friday but the Election Commission, and BJPs elected candidate Amit Shah and Smriti Irani have not filed a reply.
On Friday, Ahmed Patel, through his advocates Pankaj Champaneri and senior counsel Krishnakant Vakharia filed a response to the notice, in which he submitted that Balvantsinh stood to be disqualified under the Anti Defection Act itself, as he was elected on the Congress symbol and had resigned from the state assembly, just few days before the Rajya Sabha elections.
Senior Counsel Vakharia further submitted election commission judgments can't be challenged in any forum and for that reason the petition should be rejected. He even argued that few MLAs who resigned from the Congress voted for Balvanstinh and they were subject to disqualification.
In his reply, Patel claimed that even if the two votes, which are disqualified by the Election Commission, even if these votes are counted in favour of the petitioner, yet i would have won the election.
After taking the reply on record, Justice Trivedi has asked rest of respondents to file reply by October 12, when the matter is kept for further hearing. It has also asked the petitioner to file a rejoinder by that date so, the hearing of the case can be started at the earliest.
PATEL SPEAK
- Patel, in his reply, claimed that even if the two votes, which are disqualified by the Election Commission, even if these votes are counted in favour of the petitioner, yet i would have won the election.
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