The Election Commission (EC) Wednesday told the Gujarat High Court that it has recommended action against the returning officer and observer in Dhokla Assembly constituency from where state minister Bhupendrasinh Chudasama won in 2017.
The EC told Justice Paresh Upadhyay that on April 30 it recommended disciplinary proceedings against then returning officer Dhaval Jani and poll observer Vinita Bohra.
The court was hearing an election petition filed by Congress' Ashwin Rathod -- who had lost to Chudasama by just 327 votes -- challenging the poll result.
The court, on April 2, had observed that Jani's examination in the court brought out facts "so glaring that this court has thought it prudent to put the above noted facts to the notice of the Election Commission, so that it can consider...and take appropriate corrective/ preventive measures, if it so desires".
Rathod's petition claimed that Chudasama indulged in "corrupt practises and breach of many of the mandatory instructions of the Election Commission of India".
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Returning officer Jani admitted in the court that he did not follow certain instructions of the EC while counting the votes, which led to Chudasama's victory by a thin margin.
As the victory margin was less than the number of postal ballots rejected by the returning officer (429), he should have carried out re-verification of all postal ballots, as the EC's rules require, the court said.
Jani admitted that he did not recount or re-verify postal ballots, the judge noted.
The EC said it has recommended action against Jani to the Gujarat government, and that against Bohra, an IAS officer, to Rajasthan government as she is posted in that state now.
Chudasama is currently minister for higher and technical education, law and justice and civil aviation in the BJP government in Gujarat.
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