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2018 Supreme(SC) 936

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Patel Ahmed Mohammad – Appellant
Versus
Balwant Singh Rajput – Respondent


JUDGMENT

A.M. Khanwilkar, J.

1. Leave granted.

2. These appeals take exception to the judgment and order dated 20th April, 2018 passed by the High Court of Gujarat at Ahmedabad, in Election Application Nos.2, 3 and 6 of 2017 in Election Petition No.1 of 2017. By the said order, the High Court dismissed all the three applications preferred by the appellant seeking dismissal of Election Petition No.1 of 2017 at the threshold.

3. Election Petition No.1 of 2017 has been filed by respondent No.1 challenging the election of the appellant to the Council of States (Rajya Sabha) held on 8th August, 2017, by the members of the Legislative Assembly of Gujarat, on the ground that the appellant had committed corrupt practices of "bribery” and “undue influence” within the meaning of sub-sections (1) and (2) of Section 123 of the Representation of the People Act, 1951 (for short “the Act”) and also on the ground that two valid votes were illegally and improperly rejected by the Returning Officer and at the same time, two invalid votes were accepted by the said officer, which has materially affected the results of the election. The election petition came to be filed on 18th August, 2017 much befor












































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