JUGALSINH MATHURJI LOKHANDWALA Vs. CHANDRIKABEN KANJIBHAI CHUDASAMA

JUDGEMENT

(1.) The application has been filed by the applicant - original respondent Mr. Jugalsinh Mathuji Lokhandwala against the opponent original Election Petitioner Dr. Chandrikaben Chudasma under the provisions contained in Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") read with Rule 272 of the High Court Rules, 1993 (hereinafter referred to as "the High Court Rules") read with the provisions contained in Sections 86 and 87 of the Representation of the People Act, 1951 (hereinafter referred to as "the said Act"), seeking following prayers:­ "16.(B) This Hon'ble Court may kindly be pleased to summarily reject and dismiss the Election Petition filed by the Petitioner as the same being barred by law and suffering from non­disclosure of cause of action while exercising powers under the provisions of Section 86 and 87 and other ancillary provisions of the Representation of People Act, 1951 read with the provisions of Order VII Rule 11 of the Civil Procedure Code, 1908."

(2.) The Election Petition being No. 07 of 2019 has been filed by the opponent - election petitioner against the applicant - original respondent under Section 100 of the said Act, seeking the following prayers as contained in paragraph 42 thereof:­ "42.A. Set aside the election of the respondent to the Council of States (Rajyasabha) from the constituency of Members of Gujarat State Legislative Assembly held on July 05, 2019 (Five, Two Thousand Nineteen) being violative of provision of Constitution of India, Representation of People Act, 1951 (One thousand Nine Hundred and Fifty One) and Conduct of Election Rules, 1961 (One Thousand Nine Hundred and Sixty One). B. Hold and declare the actions of the Election Commission of India to treat the seats having fallen vacant on account of the elections of Mr.Amitbhai Anilchandra Shah and Mrs.Smriti Zubin Irani to the House of People as of different categories which required bye election to be held separately for both seats held under notification bearing ECI No.100(Hundred)/CS­GH/1(One)/2019(1)(Two Thousand Nineteen (One)) dated June 18, 2019 (Eighteen, Two Thousand Nineteen) for seat previously held by Amit Anilchandra Shah and under notification bearing ECI No.100(Hundred)/CS­GH/2(Two)/2019(1) (Eighteen, Two Thousand Nineteen) for the seat previously held by Smriti Zubin Irani as illegal and quash the same; and be pleased to further hold that it is mandatory to hold joint election under single ballot allowing proportional representation through single transferable vote for both the seats having fallen vacant on account of the election of Mr.Amitbhai Anilchandra Shah and Mrs.Smriti Zubin Irani to the House of People."

(3.) The short facts giving rise to the present proceedings may be stated as under:­