HC disposes BJP candidate’s plea challenging Visavardar assembly poll result

Ahmedabad: The Gujarat high court disposed of a petition filed by BJP candidate Harshad Ribadiya challenging the victory of Aam Aadmi Party (AAP) candidate Bhupendra Bhayani from the Visavadar constituency in the Dec 2022 assembly elections.
The disposal of this election petition paved the way for a bypoll on the Visavadar seat, which has remained vacant since Dec 2023 after the elected MLA, Bhayani, tendered his resignation and joined the BJP.
Since then, the Election Commission of India (ECI) has held bypolls twice in Gujarat – on five seats of Khambhat, Vijapur, Waghodia, Porbandar and Manavadar on May 7, 2024, and on the Vav assembly constituency on Nov 13, 2024. On both occasions, no election was announced for Visavadar owing to the pendency of Ribadiya's petition.
On Monday, Ribadiya's advocate C B Upadhyaya tendered a purshish for withdrawal of the election petition. Following this, Justice H D Suthar disposed of the election petition. The court order reads, "He (lawyer) has submitted that the candidate viz. Bhupendrabhai Gandubhai Bhayani who was declared as returned candidate in the result of 87-Visavadar Legislative Assembly Constituency has already tendered his resignation before the competent authority on Dec 13, 2023, and therefore, he seeks permission to withdraw the present election petition which was filed challenging the impugned result of 87-Visavadar legislative assembly constituency as it has become infructuous."
Last Oct, an AAP worker from Visavadar, Kailash Savaliya, unsuccessfully filed a PIL seeking direction to ECI to hold a byelection for the Visavadar seat. The PIL was dismissed with directions for an expeditious hearing of Ribadiya's petition.
There were three challenges to the poll result victory. Two of them were withdrawn, and the HC is scheduled to hear the last petition in this regard on Thursday.