New Delhi: Supreme Court has stayed Gujarat High Court order which had nullified the election of BJP leader Bhupendrasinh Chudasama to assembly from Dholka seat in year 2017 general elections, on the grounds of malpractice and manipulation. A notice has been issued.

Two Judge bench led by Justice Mohan M Shantanagoudar heard plea filed by Chudasama.

Senior Advocates Neeraj Kishan Kaul and Harsish Salve appeared for Chudasama while Senior advocate Kapil Sibal was appearing for the election petitioner, Congress candidate Ashwin Rathod.

Salve narrated the sequence of events and stated that the judge should have called for the 429 votes and seen for they had been rightly rejected under 13-b.

“You have to see if the results are materially affected by this. It is not for the Returning Officer to be ready and willing to be examined; he has to be examined”, said Sr. Adv. Salve.

સુપ્રીમ કોર્ટમાં સ્ટે મળી ગયેલ છે.
સત્યમેવ જયતે.

— Bhupendrasinh Chudasama (@imBhupendrasinh) May 15, 2020

Sr. Adv. Kaul continued his submission as connection link with Sr. Adv. Salve has snapped.

Kaul submitted, “What is the corrupt practice here Transfer of officers was under the EC instruction. There is no link between Minister and Returning Officer”.

Kaul further stated, “How is a material benefit established ? I am looking at the Education and Law Minister; unseated during COVID”.

Kapil Sibal said, “There are illegalities and manipulations. Counting started with EVMs. Postal ballots were not even brought in before that. Not even till 15th round”.

Sibal, “There is a Form 20, signed by RO. It says that 429 postal ballots were rejected, but the RO told the Observer that no ballot was rejected.”

J. Murari informed Sibal that RO has given a written statement with reasons.

Sibal continued, “but if they were never counted, how can they be rejected. EC instructions say that you have to count if victory margin is less. In this case, it is 327 votes. Postal ballots are 429”.

“There will be mandatory verification of postal ballots in that case. See the collusion. It is deeply malafide”, submits Sibal.

SC issued notice in the matter. Justice Shantanagoudar said that the Gujarat HC order has to be stayed.

Sibal, “When have your Lordships stayed matter’s like this which are based on corrupt practices?”