Jaipur: The Rajasthan High Court Tuesday determined that Election Commission of India (ECI) must remain a party in the election petition concerning the contentious 2024 Jaipur-Rural Lok Sabha seat. The decision came in response to a challenge by Congress candidate Anil Chopra following a narrow victory by BJP’s Rao Rajendra Singh.The court dismissed the ECI official’s request to be excluded from the case, stressing the importance of their presence because of the conflicting figures related to rejected postal ballots in the constituency.According to the returning officer, there were 1,225 rejected postal ballots, while information obtained through a Right to Information (RTI) query indicated a staggering 2,738 rejections. The discrepancy in these figures, which far exceeds the 1,615-vote margin by which Singh was declared the winner, prompted the court to mandate ECI’s involvement for effective resolution of the case.The single bench of Justice Vinod Kumar Bharwani, presiding over the case, stated that the involvement of ECI and other election officials was crucial for a fair resolution of the matter. The court’s ruling came after the bench evaluated an application filed by various officials, including the returning officer and chief electoral officer, who argued they were not essential parties to the election petition. Their claims rested on Sections 82 and 86(4) of the Representation of the People Act, 1951, but the court found these arguments unpersuasive.The court asserted that the discrepancies surrounding postal ballot rejections necessitated the continued involvement of election authorities for effective adjudication. Justice Bharwani concluded that allowing the officials to withdraw would not be just or appropriate. The bench observed that their continuance as parties would assist in deciding the matter.
