HAJI HARUN BHAI Vs. TUKOJI RAO PAWAR

JUDGEMENT

(1.) This election petition has been filed for setting aside the election of returned candidate Mr. Tukoji Rao Pawar, the first respondent by Mr. Haji Harun Bhai, who was one of the candidate in the election from Madhya Pradesh Legislative Assembly Constituency no. 171 Dewas during the General Elections of the Madhya Pradesh Legislative Assembly conducted in 2008, on the ground that the returned candidate committed corrupt practices during the course of the aforesaid election either by himself or by other persons with the consent of different candidate. It has also been alleged that the returned candidate also violated the directions of the Hon'ble Supreme Court and other Rules and Regulations framed under the Act and thereby violated the section 100(1)(d)(iv) of the Representation of the People Act ( hereinafter referred to as " the Act " )

(2.) The material particulars alleged on behalf of the petitioner in this petition are that, as per the notification issued by the Election Commission of India in exercise of powers vested in it under Article 324(1) of the Constitution of India by order no. 3/ER/2003/Nayayik-II dated 27th of March, 2003, every candidate to the election was mandated to file sworn affidavit showing the details of movable and immovable properties alongwith bank balances in his and / or in the name of wife / husband and dependents at the time of filing his nomination paper. Violation of such mandate is violative under section 100 (1)(d)(iv) of the Representation of People Act, 1951 ( hereinafter referred to as "the Act " )

(3.) It is further alleged that in terms of the aforesaid directions, the returned candidate Tukoji Rao Pawar also filed sworn affidavit. Copies thereof annexed and marked as Annexure- C and D respectively. However, it is alleged that the returned candidate Mr. Tukoji Rao Pawar violated the provision of Article 324(1) of the Constitution of India and the order dated 27th of March, 2008 as aforesaid, in as much as he did not submit a sworn affidavit of all his immovable properties, in as much as , he did not make mention of the property situated at 7-3 Old Palasiya, Indore whereupon property tax of Rs. 5,54,430.70 paisa was due on 14th of November, 2008 i.e. before filing of nomination paper by him for election to Madhya Pradesh Assembly Constituency no. 171, Dewas.