Rahul Vasudevbhai Vyas vs Hemang Yogeshbhai Joshi

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2024 Supreme(Guj) 1786

NIKHIL S. KARIEL
Rahul Vasudevbhai Vyas – Appellant
Versus
Hemang Yogeshbhai Joshi – Respondent

Advocates Appeared:
For the Petitioner: PARTY IN PERSON.
For the Respondents:MR YASH N NANAVATY, MR. SAHIL M SHAH, MR ND NANAVATY SENIOR ADVOCATE WITH MR. MITUL SHELAT AND MS DISHA N NANAVATY.

JUDGMENT :

NIKHIL S. KARIEL, J.

1. Heard learned Senior Advocate Mr. N.D. Nanavaty with learned Advocate Mr. Mitul Shelat and learned Advocate Ms. Disha Nanavaty on behalf of the applicant- original respondent no.1 and party-in-person-Mr. Rahul Vasudevbhai Vyas for himself as the respondent no.1- original petitioner and learned Advocate Mr. Sahil M. Shah with learned Advocate Mr. Taukib M. Mandli for respondents no.2 and 3 - original respondents no.2 and 3. [The parties shall hereinafter be referred to as per their status in the Election Petition].

2. By way of this application under Order VII Rule 11 (c) (d) of the Code of Civil Procedure read with Sections 81, 82, 83 and 84 of the Representation of Peoples Act, 1951 (hereinafter referred to as ‘The RP Act, 1951” for short ) the respondent no.1 has prayed that this Court may reject election petition preferred by the original petitioner -party-in-person.

2.1 Briefly stated, the original petitioner and respondent no. 1 had contested elections to the Lok Sabha in the Vadodara- 20 constituency, which was held on 07.05.2024. The applicant-original respondent no. 1 had secured the highest number of votes and had been declared as elected,