- (1.) Leave granted.
(2.) The Respondent No.1 herein, Shri Alok Mishra, contested the 2008 elections to the Madhya Pradesh State Assembly as a candidate of the Indian National Congress Party from Cantt. Legislative Assembly No.99 Constituency, Jabalpur. He was defeated in the elections by the Appellant herein as a candidate of the Bharatiya Janata Party. The said Respondent filed Election Petition No.22 of 2009, challenging the election of the Appellant on the ground of corrupt practice, as contemplated in Sub-Sections (1)(A) and (B), (2), (6) and (7) of Section 123 of the Representation of the People Act, 1951, hereinafter referred to as the "1951 Act".
(3.) The grounds relating to corrupt practice, as alleged by the Respondent No.1 herein, inter alia, were to the following effect : (i) as an Ex-M.L.A. and Ex-Speaker of the Vidhan Sabha and being a close associate of the Chief Minister of the State, the Appellant was able to exert undue influence on the Collector, the District Returning Officer and other authorities for procuring their assistance for the furtherance of his prospects in the elections; (ii) that on 2 nd November, 2008, when the Respondent No.1 was returning to Jabalpur from New Delhi, as the authorized candidate of the Indian National Congress, his supporters, who came to meet him at the railway station, were arrested, whereas the very next day, no action was taken against the supporters of the Appellant herein who had deployed as many as 300 vehicles in the election rally organised on the occasion of the filing of his nomination, although, permission had been given for use of only 27 vehicles. The Appellant was allowed to erect "welcome gates" at various places and used unauthorized vehicles and also put up flags, hoardings and posters on electric poles and even on temples, despite the objections raised by the Respondent No.1 herein; (iii) during his election campaign, the Appellant distributed school bags reflecting the name of the Appellant, as also his party flag amongst the children of the voters and huge amounts of money were also paid through cheques under the garb of financial assistance by Garib Sahayata Samiti. Apart from the above, clothes, sweets, blankets, cheques for amounts of Rs.500/- to the female voters and identity and ration cards, were distributed amongst the voters by the supporters of the Appellant, but no action was taken either against the Appellant or his agent for resorting to such corrupt practice. Accordingly, in the election petition the Respondent No.1, inter alia, prayed for a declaration that the election of the Appellant herein, Ishwardas Rohani, be declared as void and he be declared as the returned candidate.;