The Gujarat High Court on Friday invalidated the election of Bharatiya Janata Party MLA Pabubha Manek from the Dwarka Assembly constituency in 2017 and ordered a bye-poll in the seat, The Hindu reported.

Manek’s victory had been challenged by Congress leader Ahir Meramanbhai Marakhibhai on grounds that he had not filled his nomination accurately. A candidate from Gujarat’s Dwarka seat in 2017, Marakhibhai said in his petition pointed out that Manek had not filled in the name and number of his constituency in the form. Instead, that field contained the name of Manek’s proposer (who recommends a candidate’s name).

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The court, however, dismissed Marakhibhai’s contention that he should be declared as the MLA from that seat inside after Manek’s election is terminated, said Bar & Bench.

Manek had contended that the omission, though undeniable, did not qualify as a defect of “substantial character”. However, Justice Paresh Upadhyay held that “information regarding the name and number of the Assembly Constituency from where the candidate is to contest the election, cannot be said to be an irrelevant and/or insignificant information...It is very vital information.”

The judge ruled that the case is fit for disqualification under the “improper acceptance of any nomination” clause of the Section 100 of the People of Representation Act, 1951, which lays out the grounds for declaring an election as void.

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The judge also refused Manek’s plea to stay its order to give him time to appeal to the Supreme Court. “This request is rejected, considering the fact that, the very acceptance of the nomination of the respondent No.1 was illegal... The said illegality cannot be permitted to be perpetuated any further,” Upadhyay said.

The High Court now has to intimate the Election Commission and the Gujarat Legislature of this order.

Manek has been representing the Dwarka seat since 1990, first as an Independent and then with the BJP.