SURESHCHANDRA BHANDARI Vs. NEENA VIKRAM VERMA

JUDGEMENT

(1.) Heard on I.A. No.5229/2024, which is an application filed by respondent Smt. Neena Vikram Verma under Order 7 Rule 11 read with Sec. 151 CPC for rejection of election petition on the ground of non-disclosure of cause of action. This Election Petition has been filed by the petitioner against the election of the respondent Smt. Neena Vikram Verma, who has been elected as Member of the Legislative Assembly of the State for Dhar constituency.

(2.) Shri Champala Yadav, learned senior counsel appearing for the respondent has drawn the attention of this Court to the entire election petition filed by the petitioner to submit that the only ground which the petitioner has raised is that the respondent has not complied with the earlier order passed by this Court in the election petition, E.P. No.31/2014 dtd. 20/11/2017, which was also filed by the present petitioner against the present respondent only who was elected as the member of the legislative assembly from the constituency No.201, Dhar (M.P.), I the elections held in the year 2013, and this Court was also pleased to allow the said election petition by setting aside the election of the respondent Smt. Neena Vikram Verma and while allowing the petition, it was also directed to the respondent to pay a cost of Rs.10,000.00, if certified by the petitioner therein, who is also the petitioner in the present case, and the respondent has not paid the said to the petitioner, and has also not disclosed this fact in her affidavit which was filed in Form 26 along with the nomination paper.

(3.) Learned Sr. counsel has submitted that admittedly the aforesaid amount has not been paid by the respondent for the reason that the said order dtd. 20/11/2017, was stayed by this Court only in the same EP No.31/2014, vide another order dtd. 20/11/2017, passed under Sec. 116(d) of the Representation of People Act, 1951 (hereinafter referred to as the Act of 1951), staying the operation of the order for a period of 45 days, and thereafter the aforesaid order was also affirmed by the Supreme Court in Civil Appeal No.20916/2017 vide order dtd. 13/12/2017, and finally the aforesaid civil appeal was also disposed of by the Supreme Court on 02/07/2019, holding that as the fresh elections have already taken place, the order passed by this Court shall not have any real ramification, and thus, the appeal has been disposed of. It is also submitted that after the disposal of the aforesaid civil appeal by the Supreme Court, the petitioner also preferred MCC No.1736/2019, seeking execution of the order passed by this Court in EP No.31/2014 dtd. 20/11/2017, which has also been dismissed by this Court, holding that the order passed in an election petition by this Court does not amount to a decree and hence, the application for execution of the aforesaid order was held to be not maintainable.