2022 Assembly Polls: Gujarat High Court Summons BJP MLA Jitu Vaghani After AAP Candidate Accuses Him Of Creating "Misinformation" Amongst Voters

The Gujarat High Court on Monday issued summons to Bhavnagar (West) MLA Jitu Vaghani in an election petition filed by Aam Aadmi Party (AAP) leader Raju Solanki alleging distribution of false pamphlets by Vaghani and his supporters in Bhavnagar (West) constituency during December 2022 Assembly elections, to create misinformation the voters.

The single judge bench of Justice Rajendra M. Sareen ordered:

“Having regard to the provisions contained in Section 86(1) of Representation of Peoples Act, 1951 read with Rule 285 of the Gujarat High Court Rules, 1993, office is hereby directed to issue Summons as per the provisions contained in the Rules to the respondents to appear before the Court on 21st April, 2023.”

Advocate Punit B. Juneja appearing for Solanki submitted that at midnight just before the election, Vaghani had distributed pamphlets stating that the petitioner Raju Solanki has extended his full support to Jitu Vaghani urged people to vote without any discrimination as to caste. In the pamphlet, it was written “Aapno Raju Solanki”.

He further submitted that the aforesaid act of Vaghani circulating false information is in violation of Section 123 (4) [Corrupt Practices] of the Representation of Peoples Act, 1951.

Section 123 (4) of the Act of 1951 reads as follows:

“(4) The publication by a candidate or his agent or by any other person [with the consent of a candidate or his election agent], of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.”

A FIR was registered under the Act with regard to the alleged incident but the name of Vaghani was not added in the FIR “on whose behest the pamphlets were distributed”, Juneja submitted.

In this background the petition filed by AAP leader Raju Solanki sought direction from the court to declare Vaghani’s election to the Bhavnagar West seat be void and set aside.

The court thus issued summons and sought the appearance of respondents on April 21, 2023.

Case Title: Rajenbhai Shankarbhai Solanki (Raju Solanki) v. Jitendrabhai Savajibhai Vaghani (Jitu Vaghani)

Coram: Justice Rajendra M. Sareen

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