KANTILAL BHURIYA Vs. GUMAN SINGH DAMOR
LAWS(MPH)-2023-2-20
HIGH COURT OF MADHYA PRADESH
Decided on
February 03,2023
Kantilal Bhuriya
Appellant
VERSUS
Guman Singh Damor
Respondents
Referred Judgements :-
A C JOSE VS. SIVAN PILLAI [REFERRED TO]UNION OF INDIA VS. ASSOCIATION FOR DEMOCRATIC REFORMS [REFERRED TO]
KALYAN KUMAR GOGOI VS. ASHUTOSH AGNIHOTRI [REFERRED TO]
MANGANI LAL MANDAL VS. BISHNU DEO BHANDARI [REFERRED TO]
N CHANDRABABU NAIDU VS. UNION OF INDIA [REFERRED TO]
JUDGEMENT
VIVEK RUSIA,J. -
(1.)The petitioner has filed the present election petition to declare the election of the respondent / returned candidate as void.
The facts of the case as pleaded in the Election Petition are as under :
1. The President of India by notifications issued under sub-sec. (2) of Sec. 14 of the Representation of Peoples Act, 1951 (hereinafter referred to as "the R.P. Act of 1951" for short) published in Official Gazettes dtd. 2/4/2019, 10/4/2019, 16/4/2019 and 22/4/2019 vide Annexure P/1 to P/4 for conducting the election of the Lok Sabha Constituencies in the State of M.P. to elect the members to the House of the People (Lok Sabha). The election was to be held in four phases in the State of M.P. Accordingly, the Election Commission of India issued Press Note for the announcement of the schedule for General Elections, 2019 for the Lok Sabha on 10/3/2019 and according to which, the schedule of election in respect of different Parliamentary Constituencies in the State of M.P. was also issued vide Annexure P/5. The election program in respect of Parliamentary Constituency No.24 Ratlam was as under :
29/4/2019 Last date for filing of nomination.
30/4/2019 Scrutiny of nomination.
2/5/2019 Last date for withdrawing of candidature.
19/5/2019 Date of Polling.
23/5/2019 Counting of votes.
27/5/201 Date before which the election shall be completed.
(2.)Under the aforesaid election program the petitioner submitted his Nomination papers from the Indian National Congress to contest the election from Parliamentary Constituency No.24 Ratlam and likewise the respondent also submitted his Nomination paper as the candidate of the Bhartiya Janata Party. As per schedule, the election was held on 19/5/2019. Thereafter, the result of the said Parliamentary Constituency was declared on 23/5/2019 vide Annexure P/6. The final result was issued by the Election Commission of India in Form 20 vide Annexure P/9. The present petitioner secured 605467 votes and the respondent secured 694243 votes, thus, the respondent won the election by the margin of 88776 votes accordingly, and the result was notified by the Election Commission of India.
(3.)Being aggrieved by the aforesaid the petitioner has filed the present election petition challenging the election of the respondent solely on the ground enumerated under Sec. 100 (1)(d)(iv) of the R.P. Act of 1951.
The facts of the case as pleaded in the Election Petition are as under :
1. The President of India by notifications issued under sub-sec. (2) of Sec. 14 of the Representation of Peoples Act, 1951 (hereinafter referred to as "the R.P. Act of 1951" for short) published in Official Gazettes dtd. 2/4/2019, 10/4/2019, 16/4/2019 and 22/4/2019 vide Annexure P/1 to P/4 for conducting the election of the Lok Sabha Constituencies in the State of M.P. to elect the members to the House of the People (Lok Sabha). The election was to be held in four phases in the State of M.P. Accordingly, the Election Commission of India issued Press Note for the announcement of the schedule for General Elections, 2019 for the Lok Sabha on 10/3/2019 and according to which, the schedule of election in respect of different Parliamentary Constituencies in the State of M.P. was also issued vide Annexure P/5. The election program in respect of Parliamentary Constituency No.24 Ratlam was as under :
29/4/2019 Last date for filing of nomination.
30/4/2019 Scrutiny of nomination.
2/5/2019 Last date for withdrawing of candidature.
19/5/2019 Date of Polling.
23/5/2019 Counting of votes.
27/5/201 Date before which the election shall be completed.
(2.)Under the aforesaid election program the petitioner submitted his Nomination papers from the Indian National Congress to contest the election from Parliamentary Constituency No.24 Ratlam and likewise the respondent also submitted his Nomination paper as the candidate of the Bhartiya Janata Party. As per schedule, the election was held on 19/5/2019. Thereafter, the result of the said Parliamentary Constituency was declared on 23/5/2019 vide Annexure P/6. The final result was issued by the Election Commission of India in Form 20 vide Annexure P/9. The present petitioner secured 605467 votes and the respondent secured 694243 votes, thus, the respondent won the election by the margin of 88776 votes accordingly, and the result was notified by the Election Commission of India.
(3.)Being aggrieved by the aforesaid the petitioner has filed the present election petition challenging the election of the respondent solely on the ground enumerated under Sec. 100 (1)(d)(iv) of the R.P. Act of 1951.
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