Surat Congress candidate’s nomination cancelled, party plans to move HC in a bid to halt election

Meanwhile, the BJP, which has chosen Mukesh Dalal over sitting MP and Union Minister Darshana Jardosh asits candidate in Surat, has rejected On Saturday, Parghi had sought clarification from Kumbhani after his three proposers — Jagdish Savaliya, Dhruvin Dhamelia and Ramesh Polra — said they had not signed his nomination form. Kumbhani had then told The Indian Express that he tried to “contact them (his proposers) but they are untraceable. They have either gone underground or have been kidnapped.”

A day after sending notices to Kumbhani and Padsala, seeking clarification on the matter, Parghi on Sunday held a special hearing at 11 am at his office under heavy police security. Kumbhani, accompanied by his team of lawyers Jamir Shaikh and BM Mangukiya and others, appeared before Parghi.

The DEO verified the signatures of proposers Ramesh Polra on the basis of a sales deed, Jagdish Savaliya on the basis of his driving licence and Dhameliya on the basis of his PAN card to conclude “there was a discrepancy in the signatures on the nomination forms”.

Parghi rejected the nomination under Section 36(2) of the Representation of the People Act 1951, which states, “The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may either on such objections or on his own motion after such summary inquiry, if any, if he thinks necessary, reject any nomination on any of the following grounds: 36 2) (c) that the signature of the candidate or the proposer on the nomination form is not genuine.”

Savaliya is Kumbhani’s brother-in-law, Dhamelia is his nephew and Polra is his business partner, the Congress leader told The Indian Express on Saturday.

Kumbhani filed his poll nomination for the May 7 Lok Sabha election on April 18. A day after the last day for filing nominations, Dinesh Jodhani, the election agent of the BJP candidate, on Saturday raised an objection before the returning officer, stating that the signatures of three proposers of Kumbhani’s nomination were fake and that the signature on the nomination paper of Congress’s dummy candidate Padsala were also fake.

The election officer then gave Kumbhani a day’s time to present the supporters before the election officials and get the objection rectified. Padsala’s nomination had the signature of Vishal Koladiya, his proposer.

Congress spokesperson Naishad Desai, who is also the party’s candidate in the Navsari constituency, said, “We have got a copy of the order of the Surat election officer in which they have mentioned that our Surat candidate Nilesh Kumbhani’s nomination form has been rejected. Kumbhani has left for Ahmedabad with advocate BM Mangukiya and they will consult senior lawyers and file a plea with the Gujarat High Court to stop the election process for the Surat seat.”

At a press briefing on Sunday evening, Congress leader Gohil termed the development as a “murder of democracy”. “The BJP is rattled as it has realised that the situation is not favourable for them this time (in elections). It hatched a conspiracy to get the forms of Congress candidates cancelled by hook or by crook. Kumbhani was their target ever since he filed his nomination form because the BJP sensed defeat in Surat seat,” Gohil said.

He also made an appeal to the Election Commission for a “suo moto review”. “I demand a suo moto review by the Election Commission of India (ECI). Also, this is a question for the ECI for maintaining its credibility, which is important for democracy. Our candidate should be allowed to contest. Our legal team will work. We will go to the High Court and Supreme Court… but who will take the responsibility of the badnami (defamation). Why are you scared to fight when you claim that you will win by a margin of 5 lakh.”

He further said that the “signatures on the nomination form and the affidavit submitted later should be sent to the forensics for evaluation”. “How can that be possible that all of the four (proposers) had a dream at the same time about their signature and reached the same notary office at the same time,” asked Gohil.

“The returning officer could have taken the help of handwriting experts to find out if the signatures in the form were genuine or forged. Moreover, the law does not have a provision to cancel the nomination form on this basis. The Election Commission can file a case of forgery if it wants, but it cannot cancel the form. Thus, Kumbhani’s form has been cancelled illegally,” he further said.

Gohil also claimed that the nomination form of Aam Aadmi Party candidate from the Surat-East assembly seat in the 2022 elections was not cancelled even though two proposers had claimed that they had not signed his nomination form. “At that time, the form was not rejected because the AAP candidate would have helped the BJP by splitting votes. But this time, our form was rejected at the behest of BJP because the ruling party realised that it was going to lose Surat,” the Congress leader said.

Meanwhile, Surat BJP chief Niranjan Jajmera rejected the Congress’s allegation. “If they have any evidence about our involvement, they should present it. It is the Congress candidate who had forged the signatures of their supporters and proposers,” he said.

All 26 Lok Sabha constituencies in the state will vote on May 7.

(With PTI)