JUDGMENT :

(EXH.153)

1.1 Challenge in this Election Petition is made to the General Election to the Gujarat Legislative Assembly held in December 2017, for 58-Dholka Constituency. Mr. Ashwinbhai Kamsubhai Rathod (the petitioner) was the candidate set up by the Indian National Congress Party. Mr. Bhupendrasinh Manubha Chudasama (the respondent No. 2) was the candidate set up by the Bharatiya Janta Party. The said election was held on 14.12.2017. The counting of votes was held on 18.12.2017 and the result of the said election was declared on the same date. As per the result of the said election, Mr. Bhupendrasinh Manubha Chudasama (respondent No. 2) is the returned candidate, by securing total 71530 votes, out of which 71189 votes were received through EVMs and 341 votes were received through postal ballots. The petitioner secured total 71203 votes, out of which 70675 votes were received through EVMs and 528 votes were received through postal ballots.

1.2 The victory margin of the respondent No.2 over the petitioner is 327 votes.

1.3 The grievance of the petitioner in substance is to the effect that :- (i) as against the victory margin of 327 votes, 429 postal ballot papers were illegall