DOMAN SINGH NAGPURE Vs. PRADEEP JAISWAL

JUDGEMENT

(1.) THIS order shall govern disposal of the following interim applications moved on behalf of the respondent -

(2.) IN this petition, validity of election of the returned candidate viz, the respondent to the M.P. Legislative Assembly Constituency No. 112 Waraseoni (hereinafter referred to as the 'Constituency') has been called in question on the ground of corrupt practices as contemplated under sub-section (4) and (6) of section 123 of the Act. According to the petitioner, the respondent not only contravened the provisions of section 77 of the Act by incurring excess expenditure than what was permissible thereunder but also deliberately propagated a false statement that he has already withdrawn his candidature in favour of the respondent. However, in reply to I. A. No. 55/2009 (supra), the petitioner has candidly conceded that he has challenged the election mainly on the ground that expenditure incurred by the respondent in connection therewith, had exceeded the prescribed limit of authorized expenses, under Rule 90 of the Conduct of Election Rules, 1961.

(3.) ACCORDING to the respondent, even the petition in its amended form would not satisfy necessary requirements of the pleadings with regard to the corrupt practice envisaged in sub-section (6) of section 123 of the Act.