Surat LS Poll Controversy: HC to Review Rejected Nomination of Nilesh Kumbhani

A petition was filed in the Gujarat High Court challenging the rejection of Nilesh Kumbhani's nomination for the Surat Lok Sabha election. BJP candidate Mukesh Dalal was declared the winner by default. The court will now review the returning officer's decision under Section 36 of the Representation of the People Act.

On Monday, the Gujarat High Court received a petition challenging the validity and legality of the returning officer's decision to reject Congress candidate Nilesh Kumbhani's nomination for the Surat Lok Sabha seat.

Following the rejection of Kumbhani's nomination and the withdrawal of other candidates, Bharatiya Janata Party's (BJP) Mukesh Dalal was declared the winner uncontested.

The election petition, filed by three Surat voters, questions the returning officer's decision under Section 36 of the Representation of the People Act, according to their lawyer PS Champaneri.

Champaneri noted that the RP Act mandates placing election petitions before the Chief Justice, who will assign the matter to a High Court judge for trial, during which the court may summon the winning candidate.

Previously, on May 1, a bench led by Chief Justice Sunita Agarwal directed the petitioner lawyer to challenge Dalal's uncontested win through an Election Petition, not a PIL.

Petitioner Bhavesh Patel had sought an urgent hearing of his PIL, arguing that the Election Commission's certification of Dalal's win without voting removed the option for negative voting.