HC junks plea challenging BJP minister’s victory in Bhavnagar LS poll

Ahmedabad: The Gujarat High Court dismissed a petition seeking to declare the election of BJP Minister Nimuben Bambhaniya from the Bhavnagar constituency during the 2024 Lok Sabha election as void. In its order, the HC held that mere acceptance of improper nominations by the election officer does not invalidate the election result unless the objectors establish that the lacunas in affidavits materially affected the election outcome.
Bambhaniya won the election by getting over 7 lakh votes and defeating her nearest rival, an Aam Aadmi Party (AAP) candidate, Umesh Makwana, by over 4.50 lakh votes. She is now a minister of state for consumer affairs, food, and public distribution in the Centre.

An independent candidate, Bhagvatiben Brahmkshatriya, who secured the least votes of all 12 contestants, challenged the election result and urged the HC to declare Bambhaniya's election as void under section 100 of the Representation of People Act. The petitioner's main contention was that Bambhaniya's affidavit, along with the nomination form, was not filed in the English language but in Gujarati. She objected to the nomination forms by different candidates, alleging that their affidavits did not comply with the prescribed format outlined by the Election Commission of India, that the forms were without required information, incomplete declarations, etc.
Thus, there was a violation of Article 84 (a) of the Constitution of India, and on that ground, the election is sought to be declared void. After hearing the case, Justice M K Thakker mentioned in her order all 21 objections that Brahmkshatriya raised before the election officer, who later rejected her objections by giving reasons. However, dissatisfied with the election officer's conclusions, the petitioner moved the HC.
The HC cited Supreme Court orders to emphasise that minor procedural lapses, unless shown to have materially impacted the election outcome, do not automatically invalidate the election result. "This court is of the view that the petitioner failed to establish that such improper acceptance of the nomination form has materially affected the election of the returned candidate. Mere non-compliance or breach of the constitution or statutory provisions as alleged above by itself does not result in invalidating the result of the written candidates under section 100(1)(d)(IV). The sine qua non for declaring the election of written candidates to be void on the ground under clause 4 of section 100(1)(d)(IV) is further proof of the fact that such a breach or non-observance has resulted in materially affecting the result of the returned candidate," the HC order read.