Gujarat HC rejects Congress leader Kagathara’s petition challenging BJP MLA's election from Tankara

Gujarat High Court has dismissed an election petition filed by Congress leader Lalitbhai Kagathara, upholding the 2022 victory of BJP candidate Durlabhji Detharia from the Tankara Assembly constituency in Morbi district.

A single-judge bench ruled that the returned candidate Durlabhji Detharia had substantially disclosed required information regarding pending criminal cases, assets, liabilities, and educational qualifications in his affidavit. The court observed that minor discrepancies in the nomination papers and Form 26 affidavit did not amount to corrupt practices or undue influence under Section 123(2) of the Representation of the People (RP) Act, 1951.

It further noted that the Returning Officer had rightly accepted the nomination after scrutiny, as the defects pointed out were not of a substantial character, in line with Section 36(4) of the RP Act. The petition lacked material facts constituting a proper cause of action and failed to comply with Section 83 of the Act, the court said.

Kagathara, who had contested on the Indian National Congress ticket, had objected to Detharia’s nomination during scrutiny, alleging that several columns in the affidavit were left blank or marked with ticks and dashes. He claimed improper acceptance of the nomination and sought to declare the election void on grounds of corrupt practices. However, the Returning Officer overruled the objections, finding no substantive defects.

Voting for the Gujarat Assembly elections took place on December 1, 2022. Detharia was declared elected on December 8, 2022, after securing 83,274 votes against Kagathara’s 73,018 votes, winning by a margin of 10,256 votes.

The high court allowed Detharia’s application seeking dismissal of the election petition, which was filed on January 21, 2023.