HC rejects Ahmed Patel's plea to dismiss a case

Gujarat High Court on Friday rejected a plea moved by senior Congress leader Ahmed Patel seeking dismissal of a petition filed by BJP leader Balwantsinh Rajput against Patel’s elections to Rajya Sabha.

During the elections held on August 8, 2017, BJP had fielded Rajput against Patel.

Rajput had quit Congress party and moved over to the BJP.

Two Congress legislators Raghavji Patel and Bholabhai Gohel showed their ballots to the BJP's polling agents instead of their party’s polling agents as specified in the polling procedures.

This was objected by the Congress polling agent and asked for rejection of their votes. This was rejected by the returning officer incharge of Rajya Sabha polls.

Later, Congress took the issue to the Election Commission in Delhi, which rejected the two votes.

Each candidate initially needed 45 votes to win. However, with invalidation of two votes, the reduced the Assembly strength required each candidate to get 44 first preference votes to win.

While BJP President Amit Shah got 46 and Union Minister Smriti Irani got 45, Ahmed Patel got 44 and Balwantsinh Rajput 38.

Rajput later moved a petition in High Court challenging Patel’s election, wherein he claimed that Patel had won not because of the free will of the voters but due to “corrupt practices” by taking 44 Congress legislators to Bengaluru and keeping them in captivity and spending lavishly on their entertainment.

Ahmed Patel on his part sought dismissal of this petition, stating that it lacked merit, clarity, was vague and did not follow the provisions of Civil Procedure Code.

Ahmed Patel's plea was rejected by justice Bela Trivedi, in whose court the petition filed by Rajput is being heard.