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A week after the Gujarat State Election Commission (SEC) was notified by two Rajkot Municipal Corporation (RMC) seats, which were declared vacant after the disqualification of two Congressmen, the Gujarat High Court on Wednesday suspended it, confirming that a legal challenge to disqualification by the two companies was still pending.
Judge Sangeeta Vision’s bench allowed separate civil motions filed by Vashram Sagathea and Komal Bhari while hearing the two cases together on Wednesday.
In their pleas, Sakathiya and Bharai sought to remain on July 10 notification of the single election for two seats in Ward 15 of the RMC. According to the notification, the polling for seats was scheduled to take place on August 6, and the counting of votes was on August 8.
He brought the court’s attention to the fact that while the private civil motions filed by Sagathea and Barai challenging their ineligibility as Amber 15 companies were pending before the SC, the attorney for Sagathea, Chintan Champaneri, said the SEC had notified the two benches.
“We conceded that if the petition for disqualification is successful, a situation will be created where there will be two legally elected candidates for a single seat. The Court granted our application and stayed the case, subject to a written order in the matter,” Champaneri told the Indian Express.
Sukathya and Bharai were elected from Amber 15 during the Immigration Management Committee general election in February 2021. However, both of them withdrew from Congress and withdrew to AAP on 14 April 2022. Subsequently, Bhanupen Surani, Leader of the Opposition in RMC, lodged a complaint with the State Urban Development Department , requesting that the two be disqualified by initiating proceedings under the Anti-Defection Act.
By granting a petition to Congress, the ministry has disqualified Saqathiya and Barai on October 28, 2022 in the run-up to the assembly elections in the state. However, Sakathia and Bharai moved the coordination center last December. Their pleas for a hearing were listed on August 17th.
Welcoming the Supreme Council’s ruling, Sacathia said, “The High Commissioner has given us a moratorium on slapping the government and the SEC because when the government takes decisions against the principles of democracy, there are those who can withdraw it.”
Incidentally, the Congress managed to win only four of the 72 seats in the Christian Military Commission General Assembly in 2021 as the BJP passed the polls. Sagathea and Bharai were among the four winners from the Congress but defected to the AAP at a later date.
Sagathea contested the assembly elections last December from the Rajkot (Rural) seat but lost to Bhanubin Paparia of the Bharatiya Janata Party. He returned to Congress last month.
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