(1.) This Election Petition under Sec. 80, 81, 100(1)(b), 100(1)(d) read with Sec. 123(2), 123(3) and 123(4) of the Representation of the People Act, 1951 (for short "RP Act") has been filed by the petitioner/defeated candidate with the symbol of hand (Panja) calling in question the election of respondent No.1 Devilal Dhakad, a returned candidate with the symbol of lotus (Kamal) from the Constituency No.227, Garoth, District Mandsaur in the General Election for M.P. State Legislative Assembly held in November 2018 and seeking relief to set aside the election of the respondent No.1 and for declaring himself as an elected candidate.
(2.) It is not disputed that in the aforesaid election the candidate including the respondent No.1 Devilal Dhakad, an official candidate of Bhartiya Janata Party and petitioner Subhash Kumar Sojatia, an official candidate of Indian National Congress, are in the fray. The polling was held on 28/11/2018, counting of votes took place on 11/02/2018 and on the same day result was declared, in which the respondent No.1 Devilal Dhakad secured 75946 valid votes and he was declared returned candidate. His nearest contestant/petitioner Subhash Kumar Sojatia secured 73838 votes. The respondent No.1 defeated the petitioner by margin of 2108 votes.
(3.) The petitioner Subhash Kumar Sojatia has challenged the election of respondent No.1 alleging that the respondent No.1 has filed his nomination Form No.26 along with the affidavit on 09/11/2018 and in para 8 of his affidavit he has categorically mentioned that there are no government dues against him. The respondent No.1 has not paid dues of diversion taxes of Rs.588.00 for the period of 2011-12 to 2017-18 for his property situated at village Bhanpura, Patwari Halka No.10, Survey No.1694, which is owned and possessed by him. This fact has been admitted by the respondent No.1 in para 7 of the affidavit. Certified copy of response of Tehsildar, Bhanpura revealing outstanding diversion dues of respondent No.1 received under the provisions of M.P. Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010 and the receipt dtd. 19/12/2018 issued by the Sanchalak, Lok Seva Kendra, Bhanpura are filed as Annexure P/7. Respondent No.1 has taken a house at Survey No.1362, Bhanpura on rent at the rate of Rs.300.00 per month from the State of M.P. and also obtained electricity connection of the said house, respondent No.1 has applied for a No Objection Certificate to the Tehsildar. The respondent No.1 has deliberately suppressed all these material facts in his affidavit. Electricity bill dtd. 31/12/2018 of the aforesaid leased premises bearing mobile number of the respondent No.1 would indicate that the said premise is in the possession of the respondent No.1, whereas the affidavit filed by the respondent No.1 categorically states that he has not taken any government property on lease, thereby false information has been given in the said affidavit.
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