BALVANT SINH RAJPUT Vs. PATEL AHMED MOHAMMAD

JUDGEMENT

(1.) All the three applications filed in Election Petition No.1 of 2017 being inter-connected with each other, were heard together. Therefore, this common order is being passed in order to avoid repetition and duplication of factual and legal aspects.

(2.) All the three applications have been filed by the applicant (original respondent No.1), who is the returned candidate elected to the Council of States from the constituency of Members of Gujarat State Legislative Members, seeking dismissal of the Election Petition No.1 of 2017 preferred by the petitioner Balwant Singh Rajput.

(3.) The election petitioner in the Election Petition has challenged the election of the applicant (original respondent No.1) declared on 9.8.2017 on various grounds as contemplated under Section 100 of the Representation of the People Act, 1951 (hereinafter referred to as "the said Act"), more particularly alleging that the respondent No.1 i.e. the present applicant had committed corrupt practices of bribery as well as undue influence as defined under Sub-sections (1) and (2) of Section 123 of the said Act, as also on the ground that the Election Commissioner of India without any authority of law, had passed the order dated 8.8.2017 misinterpreting the provisions of the Act and had accepted two votes, which were invalid and rejected two votes, which were valid, materially affecting the result of the election. The petition has been resisted by the applicant (original respondent No.1) by filing the written statement on 4.10.2017. On the same day, the present applications have been filed, seeking dismissal of the Election Petition at the threshold on various grounds.