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Imposes Rs 50k cost: Gujarat HC dismisses ‘frivolous luxury litigation’

Seven BJP candidates violated the mandate and voted for an independent candidate, as a result of which proceedings under the provisions of Defection Act 1986, was initiated against them.

By: Express News Service | Ahmedabad |
October 28, 2021 5:34:38 am
The state requested the court to make the energy department, road and transport department, industries department and Ahmedabad Municipal Corporation as party to the litigation. (File)

A division bench of the Gujarat High Court headed by Chief Justice Aravind Kumar on Tuesday dismissed a “frivolous luxury litigation” pertaining to the Dakor municipality election dispute with costs payable to the Chief Minister’s Covid-19 relief fund.

On request from the advocate of the petitioner, an elected independent candidate, the court reduced the cost to Rs 50,000 from Rs 1 lakh that was initially imposed, provided the litigant paid the amount voluntarily.

The advocate’s request to withdraw the matter was also turned down by the court, with Chief Justice Kumar remarking, “There are people waiting in the queue waiting for their disputes to be resolved… Here is a matter for election, fighting for the post. So this is a luxury litigation. Cost should follow the cause.”

The case relates to the Dakor municipality election in 2018 where 28 members were elected. Among the elected, 17 contested as independents and 11 as BJP candidates.

Seven BJP candidates violated the mandate and voted for an independent candidate, as a result of which proceedings under the provisions of Defection Act 1986, was initiated against them. An order of disqualification was issued in September 2020, which was upheld by the Supreme Court.

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