Guj RS poll case: Ahmed Patel seeks dismissal of Rajput's plea

Seeking the dismissal of an election petition filed by BJP leader Balwantsinh Rajput on Rajya Sabha poll results, Congress leader Ahmed Patel's lawyer today argued before the Gujarat High Court that the plea lacked merit and clarity.

Senior counsel Kapil Sibal, appearing for Ahmed Patel, claimed that since the allegations made by Rajput against Ahmed Patel in the plea were vague and general in nature, it should be dismissed.

As Rajput's lawyers sought time to prepare their response, Justice Bela Trivedi posted the matter for next hearing on April 11.

Rajput, the BJP candidate who lost the Rajya Sabha polls in Gujarat last year, had moved the high court challenging the Election Commission's decision to invalidate the votes of two former Congress MLAs, which paved the way for Ahmed Patel's victory.

Rajput had sought that the EC order, which he claims resulted in his defeat, be set aside as it was "patently illegal" from the beginning.

In the Rajya Sabha polls and subsequent counting held on August 8 and 9 last year, Rajput lost to Ahmed Patel after the EC passed an order rejecting votes of former Congress MLAs Raghavjee Patel and Bholabhai Gohel for flouting rules.

Both the rebel MLAs had voted for Rajput, instead of Ahmed Patel.

A complaint was filed by Congress polling agent Shaktisinh Gohil ahead of the counting of votes on the evening of August 8. Gohil had argued that both the MLAs had shown their ballot to some members of the ruling BJP before putting them in the box.

Gohil had argued that MLAs are not allowed to show their ballot to anyone other than the authorised polling agent of the party.

In his plea, Rajput had also alleged that Ahmed Patel won because of "corrupt practices" and not because of the "free will of the voters".

Arguing against the plea today, Sibal said material placed on record by Rajput are largely "vague and general in nature". He contended there were no specific details in Rajput's affidavits about allegations made against Ahmed Patel.

Commenting on the corruption part of Rajput's plea, Sibal said the petition sighted news reports instead of giving concrete details about who paid the money to whom, at what place, etc.

Citing past Supreme Court judgments, Sibal said since Rajput's petition is "devoid of merits" and fails to show any "cause of action", it should be dismissed at this stage.

In his plea before the high court, Rajput had also claimed that two Congress MLAs had also flouted rules, as they too had shown their ballot to others during polling. Rajput demanded that these two votes, polled in favour of Ahmed Patel, must also be taken out of counting.

In this situation, Rajput had contended, he would get more votes than Ahmed Patel. Hence, he should be declared elected to Rajya Sabha in place of Ahmed Patel.