The Gujarat High Court has declined to entertain a Public Interest Litigation (PIL) challenging the unopposed election of Bharatiya Janata Party (BJP) candidate Mukesh Dalal from the Surat Lok Sabha seat. The division bench, comprising Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, ruled that the issues raised do not fall under the purview of a PIL and instructed the petitioner to file an election petition.
The PIL, filed by Surat voter Bhaveshbhai Patel, contested the Election Commission's decision to declare Mukesh Dalal the winner without conducting elections. Patel argued that voters were deprived of their rights as the NOTA (None Of The Above) option was not provided, as required by the Representation of the People Act. He also alleged that the Election Commission did not follow relevant provisions of the Act and demanded the cancellation of Dalal's unopposed victory.
Chief Justice Agarwal clarified that an unopposed candidate is considered equal to a candidate elected through the voting process, with no provision for a different approach under the Act. The court deemed Patel's arguments unsuitable for a PIL, emphasizing the need for an election petition for such matters.
This development follows the rejection of Congress candidate Nilesh Kumbhani's nomination on April 21 due to alleged signature discrepancies on his nomination form. The nomination of Congress's alternative candidate, Suresh Padsala, was also invalidated for similar reasons. With no other candidates left in the fray, Mukesh Dalal was declared the winner unopposed.
