State Education Minister Bhupendrasinh Chudasama has submitted to the Gujarat High Court that he has neither adopted any corrupt practice nor tried to influence the election machinery and returning officer Dhaval Jani to win the Assembly election from Dholka.
The submission was made through an affidavit filed by him on Friday in-lieu of his examination-in-chief as a witness in the election petition filed by rival Congress candidate Ashwin Rathod against his poll victory. Notably, the court allowed Chudasama's application to depose as a witness in the case before any of his witnesses are examined before the court.
The minister has pointed out that Rathod had leveled serious allegations against him of influencing the election machinery to win the Assembly poll, but has failed to substantiate these claims or submit any evidence to drive home his arguments so far.
CHUDASAMA TO DEPOSE ON SEPT 9
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- With the single judge bench of Justice Paresh Upadhyay allowing the application of Chudasama to depose before the court as a witness, the minister is going to remain present before the court on September 9
- He is going to be cross-examined by Rathod’s counsels, who have so far opposed his application to become a witness in the case claiming it to be a part of his ‘delay tactics’ to delay the trial in the poll petition
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"The petitioner has not been able to allege or exhibit any instance which can be said or considered to be any instigation on my part or any instance to show that whatever has been alleged in the petition was undertaken by my express consent or authorization or any of my election agents," the minister mentioned in his affidavit.
Chudasama has also pointed out that he has not utilised his position as a minister during the Assembly polls to influence the election machinery. He has also submitted that the allegations of corrupt practices and influencing the election machinery, including the returning officer, are "baseless". He has contended that the transfer of Dhaval Jani as the returning office in Dholka was on the basis of the instructions issued by the Election Commission.
While accepting the voting figures as submitted by Rathod, the minister has pointed out that it is mere the Congress leader's assumption that out of the 429 rejected ballot votes, 400 votes would have been in his favour.
Allegations of Rathod against the edu minister
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- Congress leader Ashwin Rathod alleged that the minister won election by a wafer-thin margin of 327 votes after the returning officer Dhaval Jani mysteriously rejected 429 votes through postal ballots, a number greater than the winning margin
- It is Rathod’s contention that the rejection of 429 votes received through postal ballots by returning officer was illegal and resulted in Chudasama winning the election
- He also contended that the then deputy collector of Dholka, Gaurang Prajapati, who was supposed to be the returning officer as per his designation was removed after the election code of conduct was implemented
- In place of Prajapati, Jani was posted at Dholka with an aim to increase Chudasama’s prospects of winning the election
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He pointed out that the rejected votes were to be bifurcated amongst all the contesting candidates and therefore, there was no reason for Rathod to assume that the 400 votes would have been in his favour as he considered himself to be a popular candidate among government employees.
The minister also submitted to the court that he has never interacted with the election officer before, during, or after the election on any topic of election or counting of votes. He has also submitted that he had never visited the counting hall during the counting of votes and even after the declaration of results.
Chudasama said his election agents had informed him that Rathod and his election agents did not raise any objection about the counting procedure adopted, and there was no request for recounting of votes before the declaration of results. Chudasama also said his election agents informed him that Rathod had only filed an application for recounting of VVPAT slips.
The minister has also argued that after Rathod lost the election, out of frustration he made "irresponsible and reckless" allegations against him and the election machinery; and therefore, the petition deserves to be dismissed.
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 "Bhupendrasinh Chudasama")
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