(1.) This is a petition under Section 80 of The Representation of the People Act, 1951 (for short 'The Act') calling in question, the election of (Smt.) Ranjana Baghel, (Res.No.1) - a returned candidate from Manawar constituency (No.199 - reserved for S.T.), District Dhar, in the General Election-2013 of Madhya Pradesh Legislative Assembly.
(2.) In total, nine candidates, including petitioner Niranjan Dawar - the official candidate for Indian National Congress, and (Smt.) Ranjana Baghel (Res.No.1) - the official candidate of Bharatiya Janata Party, contested the election. Polling was held on 25th November, 2013. Counting of votes took place on 8th December, 2013 and the result was also declared on the same day. Respondent No.1 - (Smt). Ranjana Baghel, who secured 55293 votes, as against her nearest rival, Niranjan Dawar, who secured 53654 votes, was declared returned candidate by a margin of 1639 votes.
(3.) As per averments made in the petition, the election of the Res. No.1 stood materially affected because of her indulgence in corrupt practices and suppression/non- disclosure of material facts by her in the nomination form and, therefore, the same is liable to be declared null and void under Section 100 of 'The Act'. A further prayer to declare the petitioner as the returned candidate in place of the respondent no.1 from the said constituency has also been made. The corrupt practices within the meaning of Section 123 of 'The Act', alleged against Res.No.1, as averred in the petition, are as under:
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