Lawstreet Journal

Gujarat HC: Election of Gujarat Law Minster Void for resorting to Corrupt Practice [READ ORDER]

Lawstreet Journal 13 May 2020 11:48pm

Image courtesy: Lawstreet Journal Judiciary Gujarat HC: Election of Gujarat Law Minster Void for resorting to Corrupt Practice [READ ORDER]

The Hon’ble Gujarat High Court has on May 12, 2020, declared the election of Gujarat's Law Minister, Bhupendrasinh Manubha Chudasama to the State's Legislative Assembly held in December 2017 as violative of certain provisions of the Representation of People's Act, 1951 in the election petition filed by Ashwinbhai Kamsubhai Rathod. (who had lost the election against Chudasama).

Besides holding Law portfolio, Chudasama who is lawyer by profession, is also in charge of Revenue, Education (Primary, Secondary and Adult), Higher and Technical Education and Parliamentary Affairs departments in the state. The judgement in the said matter was delivered by Justice Paresh Upadhyay. 

Chudasama’s election was declared void under Section 100(1)(d)(iii), 100(1)(d)(iv) and 100(1)(b) of the Representation of the People Act, 1951. Provisions of the Section 100 evoked in the matter are produced hereunder:

Section 100: Grounds for declaring election to be void:

(1) Subject to the provisions of sub-section (2) if the High Court is of opinion— 

(a)***

(b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or

(c)*** 

(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected— 

(i)*** 

(ii)***

(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or 

(iv) by any non—compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act,

the High Court shall declare the election of the… Continue Reading...


Tagged: Gujarat High Court  
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