YADVENDRA SINGH Vs. NAGENDRA SINGH & ANOTHER

JUDGEMENT

(1.) This petition has been filed under Section 80, 100(1)(d), (iii) and (iv) of the Representative of Peoples Act, 1951 (hereinafter referred to as the "Act") for having the election of the Respondent No.1 (returned candidate), from 64 Nagod Assembly Constituency held on 20/12/2018, (in which result was declared on 11/12/2018 ) declared as void.

(2.) It is undisputed that during the last Madhya Pradesh Legislative Assembly Election, held in the month of December 2018, the petitioner contested from 64, Nagod Legislative Assembly, District Satna, on the ticket of the Indian National Congress and respondent No.1 on the ticket of the Bharatiya Janata Party. Apart from the petitioner and respondent No.1, 13 other candidates also contested the election from 64, Nagod Legislative Assembly. The polling was held on 28/11/2018 and the result was declared on 11/12/2018. In 64 Nagod Legislative Assembly, there were 2,14,646 voters and 278 polling stations and total valid votes polled were 1,66,780, out of which the petitioner received 53,402 votes, whereas the respondent No.1 received 54,637 votes and was declared elected since respondent No.1 secured 1,235 more votes than the petitioner and was accordingly declared the returned candidate from 64, Nagod Legislative Assembly.

(3.) Apart from aforesaid undisputed facts, briefly the case of the petitioner is that he had this apprehension that the Electronic Voting Machines (EVMs) used in the voters' awareness program were tampered with. The election workers belonging to the Indian National Congress Party demanded First Level Checking (F.L.C.) as well as technical inspection of those machines, but the same was denied by the Agency. The Election Commission had issued the instruction vide letter Nos.51/8/7/2017-EMS dated 29/09/2017 and 51/8T&A/2018-EMPS dated 09/10/2018 that the Electronic Voting Machines (EVMs) used in voters awareness program, will not be used in the voting and if, that Electronic Voting Machines (EVMs) is used in the voting, before sending that machine for using the same in voting, a fresh F.S.L., as well as a randomization process, will be conducted by the agency in the presence of representatives of recognized political parties as per instructions of the commission. But, before sending these machines for voting, F.L.C. and the randomization process were not conducted by the agency. From the letter of election officer dated 24/11/2018 & 29/11/2018, it was learnt that the EVMs unit ID No. BVTEC02860, BVTEC50564, BVTEC02223, BVTEC02331, BVTEC00542, BVTEC04710, BVTEC50616, BVTEC00291, BVTEC02934, BVTEC02887, BVTEC04710, BVTEC50616, BVTEC00291, BVTEC02934, BVTEC02887, BVTEC02892, BVTEC04299, BVTEC04394, BVTEC04399 and BCUAD29757, BCUAD30241, BCUAD35531, BCUAD35567 & BCUAD27695, which had been earlier sent for the Voter Awareness Campaign were used for voting in 64 Nagod Assembly Constituency. It is further averred that the respondent No.1, returned candidate who was the Member of Parliament from Khajuraho Parliamentary seat at the time of election and had also been a minister in the Madhya Pradesh Government in the past, by managing the Local Government and respondent No.2, got the EMVs earlier used for Voter Awareness Campaign allocated for polling after tampering these EMVs, while the use of these EMVs in the polling was totally restricted. As a result of aforesaid corrupt practice, respondent No.1 won the election with the help of respondent No.2. So, the election of respondent No.1 from 64, Nagod Legislative Assembly be declared void.