Earlier this month, the Supreme Courtroom had questioned Ahmed Patel to face demo in relationship with his election to the Rajya Sabha.
File photograph of Congress Rajya Sabha Member Ahmed Patel. (Getty Photos)
Justice Bela Trivedi framed the challenges on Friday. The court will hear the circumstance subsequent on January 18.
The challenges framed by the court docket incorporate no matter whether Patel or his election agent dedicated an act of “bribery” and “undue impact” and therefore indulged in “corrupt tactics” as alleged by Rajput, making the election “liable to be declared as void”.
Some of the other challenges are no matter if two “invalid votes” cast by Congress MLAs Shailesh Parmar and Miteshbhai Garasia, and “inappropriate refusal or rejection” of votes solid by rebel Congress MLAs Bholabhai Gohil and Raghvjibhai Patel materially affected the consequence of the election.
The issue also considerations the Election Fee of India (ECI) purchase as to irrespective of whether it was “remaining violative of the ideas of normal justice, without any authority of regulation”.
The troubles have been framed under several sections of the Representation of the Individuals Act, 1951.
Previously this month, the Supreme Court docket had questioned Ahmed Patel to experience demo in link with his election to the Rajya Sabha.
He experienced then moved the apex court docket tough the high courtroom get, which had dismissed his plea questioning the maintainability of Rajput’s election petition.
Patel had contended that the poll panel’s decision could not be challenged by an election petition.
The apex courtroom experienced on September 26 requested the Gujarat HC to make a decision afresh Patel’s plea complicated the maintainability of the petition filed by Rajput. The higher court docket experienced dismissed Patel’s plea in Oct.
Rajput experienced filed the petition in the higher court after Patel was declared as winner by the Election Fee in the election to the Upper Residence of the Parliament held in 2017.