Jitu Vaghani's election win challenged in Gujarat HC

AHMEDABAD: The Gujarat high court on Monday issued summons to the former state education minister and Bhavnagar (West) MLA, Jitu Vaghani, after an Aam Aadmi Party (AAP) candidate challenged his poll victory in the 2022 assembly elections.
AAP candidate Rajenbhai Solanki alias Raju Solanki has alleged that Vaghani and his supporters from the Bharatiya Janata Party (BJP) resorted to corrupt practices to misguide the electorate through Solanki's namesake, contesting as an independent candidate, Rajeshbhai Solani alias Raju Solanki.
AAP candidate's counsel Punit Juneja submitted before the HC that a day before the elections, Vaghani and his supporters published pamphlets in the name of Raju Solanki, stating he was extending his support to Vaghani. "The pamphlet in a highlighted format used the words 'Aap no Raju Solanki', which showed there was an attempt to mislead people. The pamphlet mentioned 'Sr No 14' in a smaller font but highlighted 'Aap no Raju Solanki'," the petition reads.
The counsel submitted this was a corrupt practice as defined in Section 123(4) of the Representation of the People Act because the returned candidate made a false statement and gave the impression to the electorate that the AAP candidate had extended his support to the BJP candidate.
The complaint to the election officials was not responded to. Still, an FIR was registered with Ganga Jaliya police station the next day under Section 127A (4) of the Act and Section 135 of the Gujarat Police Act. However, the FIR was silent about Vaghani's name, at whose behest the pamphlets were allegedly distributed. The FIR named the independent candidate and the owner of the printing press.
Citing alleged corrupt practices during the election, the AAP candidate urged the HC to cancel the election result of the Bhavnagar (West) constituency and disqualify Vaghani from contesting elections. The court was also urged to direct the authorities to secure evidence, including CCTV footage, about the alleged gestures by the winner and his supporters.
After a preliminary hearing, Justice R M Sareen issued summons to the returned candidate and posted further hearing on April 21.