PREMCHAND GUDDU Vs. CHINTAMANI MALVIYA AND ORS.

JUDGEMENT

(1.) This order shall govern disposal of I.A. No.3318/2015, which is an application under Order 7 Rule 11 r/w section 151 of Code of Civil Procedure.

(2.) This application is filed by the respondent No.1, who is a returned candidate from Lok Sabha Constituency No.22 Ujjain (M.P). A general election for Lok Sabha was held in the months of March, April and May, 2014. The petitioner also contested from the same constituency as nominated candidate of Indian National Congress. Apart from the petitioner and respondent No.1, ten other candidates also contested the election. They are arraigned as respondents No.2 to 11. This petition is filed alleging various corrupt practices during the election amongst which it is stated that the respondent No.1 was working on the post of professor in Vikram University, Ujjain. His resignation was not accepted according to law and for this, the petitioner filed an objection which was not properly decided. It is further alleged that one of the polling center of Nagoda Khachrod Assembly Constituency No.212, it was observed by agents of the petitioner that the Electronic Voting Machine (EVM) was not working properly and vote caste in favour of any other party was going to Bharti Janta Party. About the malfunctioning of EVMs news was published in various newspapers. The petitioner also filed complaints in respect of these machines, however, no action was taken. It is further alleged that voter slips were distributed much before the date fixed for its distribution at Mahidpur Assembly Constituency No.22 at Booth No.3. This was against the guidelines issued by Election Commission. The petitioner lodged complaints in this respect, but no action was taken.

(3.) It is further alleged that several baseless scandalous and personal remarks against the petitioner by one Sonu Gahlot who was President of Ujjain Municipal Corporation were made during a T.V. interview against the petitioner. He spoke many unethical words about the petitioner and thereby committed illegal and corrupt practice by exercising undue influence in free exercise of electoral right under section 100 (b)(d)(ii)(iv) and under section 123 (2), 123(4) and also orders passed by the Election Commission of India. In this regard, a copy of the DVD containing recordings of said facts and documents demonstrating action against the said person are filed with the petition. It is further alleged that there is significant discrepancy in Form No.17-C given at the end of polling on 24.04.2014 and Form No.17-C given at the time of counting on 16.05.2014. For this also several complaints were filed, but of no avail. It is also avert that the respondent No.1 working as professor in Vikram University, Ujjain. During the election, the university staff is engaged on election duty which was never done before this was to help the respondent No.1. According to the petitioner, when the result was declared he secured 3,31,438 votes while 6,41,104 votes were casted in favour of the respondent No.1. On these grounds, it is alleged that process of election was not fair and healthy and, therefore, this petition is filed for following reliefs: -