Yesterday, in the case of Rajenbhai Shankarbhai Solanki (Raju Solanki) v. Jitendrabhai Savajibhai Vaghani (Jitu Vaghani),  the Gujarat High Court issued a summons to  MLA Jitu Vaghani in an election petition filed by Aam Aadmi Party (AAP) leader Raju Solanki. Jitu was alleging the distribution of false pamphlets by Vaghani and his supporters in the Bhavnagar (West) constituency last year in December. An incident took place during the Assembly elections, to create misinformation among 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, the 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, the Counsel member for Solanki argue that one night before the election, he distributed pamphlets stating that the petitioner Raju Solanki has extended his full support to Jitu Vaghani and 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.

In his Petition, Juneja submitted that an FIR was registered under the Act with regard to the alleged incident but the name of Vaghani was not mentioned in the FIR “on whose behest the pamphlets were distributed”. 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 void and set aside. 

The next date of hearing is on 23rd Apri, 2023