Ahmedabad: The Gujarat High Court today held void the election of BJP MLA Pabubha Manek from Dwarka constituency in Gujarat due to error in his nomination form.

Congress candidate in the last assembly election of 2017, Meraman Goriya had filed the petition in the court saying that the name of the constituency 82- Dwarka was not mentioned in the nomination form of Manek ( who was winning the seat since 1990 and last time was his seventh consecutive victory on the seat).

The court of Justice Paresh Upadhyay accepted the contention and proofs and held his election void observing that the error was substantial error and not in accordance with the section 33, 35 and 36 of the The Representation of People Act, 195.

Counsel of petitioner Babu Mangukiya said that with this Manek has ceased to be the MLA of Dwarka seat. His proposer Dharnant had committed a glaring mistake by putting his own name in the row where the name of the constituency should have been mentioned.

Manek in the last election had defeated Goriya by a margin of 5739 votes.

Will challenge the HC order in the Supreme Court:Pabubha Manek

Ahmedabad/Dwarka: Senior BJP leader and seven time MLA Pabubha Manek whose election from Dwarka seat was today held void by Gujarat High Court, said that he would challenge this order in the Supreme Court.

Manek said that in his view no wrong has been committed. ‘I will challenge the high court order in the apex court and have full hope that I will get justice there,’ he said.

Manek said he was ready to go to election also. He said in that case he would win the election for 8th time and complete the ‘ashtami’. He said Congress is wiped out from Devbhumi Dwarka. He said his supporters were telling him that he should go to election and win it with even higher margin.

Manek in the last election had defeated Goriya by a margin of 5739 votes.

From the final order

This election petition is partly allowed.

It is held and declared that, the nomination of Pabubha was defective and the said defect was a ‘defect of substantial character’ as contemplated under the provisions of the Representation of the People Act, 1951, and the said nomination of Pabubha was required to be rejected by the Returning Officer of ‘82-Dwarka Constituency’ and that, the action of the Returning Officer of ‘82-Dwarka Constituency’ of rejecting the objections filed by the petitioner, against the nomination of Pabubha and accepting the said nomination of Pabubha was illegal.

It is also held and declared that the result of the election, in so far as it concerns the returned candidate (Pabubha) from ‘82-Dwarka Constituency’ for the Gujarat Legislative Assembly Elections, held on 09.12.2017, has been materially affected by improper acceptance of the nomination of Pabubha.

In view of above, the election of the returned candidate (Pabubha) from ‘82-Dwarka Constituency’ for the Gujarat Legislative Assembly Election, held on 09.12.2017, is declared as void under Section 100(1)(d)(i) of the Representation of the People Act, 1951.

This petition is allowed to the above extent.

The prayer of the petitioner that he – the petitioner, be declared as duly elected candidate from ‘82-Dwarka Constituency’ for the Gujarat Legislative Assembly Election held on 09.12.2017, in place of Pabubha, is rejected. This petition is dismissed to this extent.

Registry shall communicate this order to:-

(i) the Election Commission of India, and

(ii) the Speaker of the Gujarat Legislative Assembly, as required under Section 103 of the Representation of the People Act, 1951.

The same shall be done by the Registry within the time limit, as prescribed under Rule 305 of the Gujarat High Court Rules, 1993.

After the pronouncement of this judgment and order, advocate for Pabubha has prayed that this judgment and order be stayed for some time. This request is rejected, considering the fact that, the very acceptance of the nomination of Pabubha was illegal and against the binding judgment of the Supreme Court of India (as noted above). The said illegality can not be permitted to be perpetuated any further.

DeshGujarat