Supreme Court Stays Gujarat High Court’s Order Against the Election of Bhupendrasinh Chudasama

Earlier today, the Supreme Court stayed the Gujarat High Court order; allowing the election of former state law minister Bhupendrasinh Chudasama as void. A Bench comprising of Justice Mohan M Shantanagoudar issued a notice in the petition filed by Chudasama. Chudasama contends that the High Court failed to appreciate the proper facts of the case; thereby reached a completely erroneous conclusion in holding the successful election as illegal and void.

Bhupendrasinh Chudasama declared the winner of the December 2017 Gujarat State Assembly elections over Congress candidate Ashwinbhai Khamsubhai Rathod; by a margin of 327 votes. To elaborate Rathod debated the validity of the election results; stating that 429 postal ballot papers were illegally excluded from consideration during the vote count by Returning Officer Dhaval Jani. Allegedly, the election records also stand tampered with. Accordingly, the Gujarat High Court quashed his December 2017 election to the State’s Legislative Assembly. Later, on May 13, Chudasama moved to the Supreme Court in appeal.

On May 12, Justice Paresh Upadhyay of the Gujarat High Court ruled in favour of Rathod. Consequently, setting aside the election of Chudasama as being void under several provisions. However, the Supreme Court issued a notice in the matter and stayed the Gujarat High Court order which nullified the election of Chudasama.