ANTAR SINGH DARBAR Vs. KAILASH VIJAYVARGIYA & ORS

JUDGEMENT

(1.) This Election Petition is filed under Section 81 read with Sections 80 and 80-A of the Representation of the Peoples Act, 1951 (hereinafter referred to as "the RP Act") challenging the election of respondent No.1 for Madhya Pradesh Legislative Assembly held in November 2013.

(2.) According to the petitioner, he is a citizen of India and permanent resident of Tehsil Mhow, District- Indore. He contested election for Madhya Pradesh Legislative Assembly held in the year 1998 and was a returned candidate of Indian National Congress. In the Election of Legislative Assembly held in the year 2003, again, he contested the election and was the returned candidate of Indian National Congress. Elections were again held in November, 2013 for the Legislative Assembly and he again contested from Constituency No.209, Dr. Ambedkar Nagar, Mhow, district Indore, as candidate of Indian National Congress. This time, however, he lost the election to respondent No.1, who was the returned candidate and won the election by a margin of 12216 votes.

(3.) Notification for the election was issued by Election Commission of India on 4.10.2013 and by a further notification dated 01.11.2013, schedule of election programme was published. According to the programme, the election process would commence from 01.11.2013, 08.11.2013 was the last date for submission of nominations, 09.11.2013 was the last date for scrutiny of nominations, 11.11.2013 was the last date for withdrawal of candidature, 25.11.2013 was the date of polling and 08.12.2013 was the date from which counting of votes would begun.