YADVENDRA SINGH Vs. RAKESH GIRI

JUDGEMENT

(1.) This petition under Sec. 80 and 81of the Representation of Peoples Act, 1951 (for short "the R.P.Act") has been filed by defeated candidate with the symbol of hand (Panja) calling in question the election of Shri Rakesh Giri (respondent No.1) a returned candidate with the symbol of Lotus (Kamal) from constituency No.43, Tikamgarh in the general election for Madhya Pradesh Legislative Assembly held in the year 2018.

(2.) It is not disputed that in the general election, 2018 for Madhya Pradesh Legislative Assembly, 17 candidates including respondent No.1 Rakesh Giri- the official candidate of Bhartiya Janata Party and Shri Yadvendra Singh- official candidate of Indian National Congress were in the fray. The polling was held on 28/11/2018. Counting of votes took place on 11/12/2018 and on the same day result was declared in which Shri Rakesh Giri/respondent No.1 secured 66958 valid votes and he was declared returned candidate. His nearest contestant Shri Yadvendra Singh "Jaggu Bhaiya"/petitioner secured 62783 votes.

(3.) The petitioner Yadvendra Singh "Jaggu Bhaiya" has challenged the election of respondent No.1 alleging that during his election campaign, he was indulged in corrupt practice within the meaning of Sec. 123(1)(A) (b) of the Act which constitute under Sec. 100(1)(b) and 100(1)(d)(iv) of the Act for declaring his election to be void. As many as five incidents of corrupt practice and one incident of non-publishing of criminal antecedent in the News paper as per circular dtd. 10/10/2018 by Election Commission of India have been alleged in various paragraphs of the petition which are summarized as under :-