HUKUM SINGH KARADA Vs. ARUN BHIMAVAD

JUDGEMENT

(1.) The parties have been heard on application bearing I.A. No.7086 of 2024 filed by the respondent under Order 7 Rule 11 of the CPC for rejection of the election petition.

(2.) This election petition has been preferred by the election petitioner for setting aside the election of the respondent to the Madhya Pradesh State Legislative Assembly from 167 Shajapur Assembly Constituency on the ground of the same being void and non-est in law and for directing re- inspection/examination of 158 invalid votes and to count the same by opening the votes contained in form 13-B.

(3.) The application for rejection of the election petition has been preferred by the respondent submitting that the election petitioner has challenged the election of the respondent on the ground provided under Clause (i) of Sec. 100(1)(d) of Representation of People Act, 1951 which is regarding improper acceptance of any nomination. The challenge is on the ground that the respondent in the affidavit submitted along with the nomination form as provided in Sec. 33-A of the Act has not furnished the details of three criminal cases registered against him. The election has also been challenged on the ground provided under Clause (iii) of Sec. 100 (1)(d) of the Act, 1951 which provides for illegal rejection or reception of votes.