RS polls: MLAs obliged to vote for party, Ahmed Patel tells Guj HC

Congress leader Ahmed Patel told the Gujarat High Court today that there was no merit in a plea challenging his election to the Rajya Sabha as MLAs are supposed to vote for their party candidates according to a Supreme Court judgement.

After the EC invalidated the votes of Congress rebels Raghavjee Patel and Bholabhai Gohel for showing their ballot papers to the BJP's polling agent in the presence of BJP president Amit Shah, Patel was declared the winner along with Shah and Union minister Smriti Irani in the Rajya Sabha polls held in August last year.

BJP leader Balwantsinh Rajput, who lost to Patel in the Rajya Sabha elections, had filed an election petition, challenging the decision of the Election Commission to invalidate two votes as demanded by the Congress.

According to him, if these two votes had been counted, he would have defeated Patel.

He had argued that a whip issued by the Leader of Opposition in the Assembly asking all Congress MLAs to vote for Patel was "threatening" and amounted to exercise of "undue influence" on voters.

"As per the SC's 2006 judgement... All party members are obliged to vote for the party (in Rajya Sabha election)... So, there is no question of undue influence on MLAs," Kapil Sibal argued before Justice Bela Trivedi, appearing for Patel.

Rajput's lawyer Advocate Nirupam Nanavati told the court that there was no need to dismiss the petition -- as demanded by Patel -- only because the copy served on the respondent was not attested.

This can be corrected easily, Rajput's lawyer said, accusing Patel of adopting a "dilatory tactic".

Sibal had said the petition served on the respondent (Ahmed Patel) was not the way it should be under the law, as it was not attested as a "true copy".

Rajput's petition also alleges that Patel offered "bribe" to MLAs after taking them to resorts in Bengaluru.