BRIJENDRA PRATAP SINGH Vs. PANDIT MUKESH MAYAK

JUDGEMENT

(1.) This election petition under sections 80 read with 81 of the Representation of People Act, 1951 (herein after referred to in the judgment as the Act ) has been preferred by the loosing candidate challenging the election of the respondent as member of Legislative Assembly of the State of Madhya Pradesh from Assembly Constituency No.58, Pawai, District - Panna on the ground that on the date of election, respondent was disqualified for being elected as a member of the Legislative Assembly, on the ground of corrupt practices adopted during election campaign and on the ground of non - compliance with the provisions of the Act, Rules or Orders made under the Act.

(2.) Following facts in this election petition are either admitted or are not specifically denied. The notification for holding Assembly election for the State of Madhya Pradesh was issued by the Election Commission on 04.10.2013. The election programme of Assembly Constituency No.58, Pawai was notified by the Returning Officer on 01.11.2013. As per the programme, the date of filing of nomination paper was up to 08.11.2013. Scrutiny of nomination paper was to take place on 09.11.2013. The latest date for withdrawal of nomination paper was 11.11.2013. The date of polling was 25.11.2013 and votes were to be counted on 08.12.2013. The result was also to be declared on 08.12.2013. The election petitioner was sponsored as a candidate by Bhartiya Janata Party, a registered national political party, to contest the election from Assembly Constituency No.58, Pawai, District -Panna. Indian National Congress, also a recognized political party, sponsored the respondent as its candidate to contest the election from aforesaid constituency. The election symbol of the petitioner was Lotus (Kamal ) and that of the respondent was Hand (Panja ). Apart from the petitioner and respondent, nine other candidates contested the election from aforesaid constituency either as candidates of other recognized parties or as independents. The number of voters enrolled for the constituency was 2,41,485. There were 276 polling stations in the constituency. The total number of votes polled on 25.11.2013 in the constituency was 1,74,953. Out of aforesaid number of votes, 1,71,738 were found to have been validly polled, at the time of counting. Out of aforesaid number of valid votes, the petitioner received 67,254 votes, whereas the respondent secured 78,949 votes. Thus, the respondent was declared elected by the Returning Officer by a margin of 11,695 votes. On the date of election, respondent was Chairman of Madhya Pradesh Branch of Indian Red Cross Society (hereinafter referred to in this judgment as the Society ).

(3.) Apart from aforesaid undisputed facts, the case of the petitioner may be summarized as hereunder: The election of the respondent is vitiated because he committed corrupt practice of bribery as defined under section 123 (1)(A)(b). Most of the electors in the Assembly Constituency No.58, Pawai are poor and illiterate villagers and can be swayed by means of bribery to vote for a particular candidate. At around 4.00 pm on 20.11.2013, at Village Takhauri, Tehsil -Raipura, District -Panna, the respondent paid Rs.5,000/ - by way of bribe to one Narayan Adiwasi in the presence of witness Takhat Singh for voting along with his family members in favour of the respondent. At around 2.30 pm on 20.11.2013, respondent bribed Chetram Lodhi by paying a sum of Rs.3,000/ - for voting, along with his family members, in favour of the respondent at Village -Aghrad in the presence of witness Hakam Singh. On 21.11.2013, at around 04.30 pm at Village -Kariya, respondent paid a bribe in the sum of Rs.2,000/ - to Jeevan Lodhi, in the presence of witness Anand Lodhi for voting in favour of the respondent. All of aforesaid three recipients of bribe were voters of Pawai Assembly Constituency. The petitioner and his agent made complaints in this regard to the Election Commission of India, State Election Officer, Bhopal, and District Returning Officer, Panna.