RAHUL SINGH LODHI Vs. CHANDA DEVI

JUDGEMENT

(1.) The present petition has been filed under the relevant provisions of the Representation of Peoples Act, 1951, calling into question the election of the Respondent Smt. Chanda Devi, who is the returned candidate from 47 Khargapur Assembly Constituency, mainly on the ground of corrupt practices as enumerated under Section 123 of the Representation of Peoples Act, 1951 (hereinafter referred to as 'the Act of 1951'). According to the Petitioner, the election of the Respondent is vitiated under Section 100(1)(d) of the Act of 1951 on the ground of alleged corrupt practices and therefore, liable to be set aside.

(2.) The notification relating to the conduct of Assembly Election in the State of Madhya Pradesh was issued by the Election Commission on 4.10.2013. The election programme of 47 Khargapur Constituency was notified by the Returning Officer on 1.11.2013. The filing of nomination papers was permitted upto 8.11.2013. Scrutiny of nomination papers was to be done on 9.11.2013. Withdrawal of nomination was to be done latest by 11.11.2013 and 25.11.2013 was fixed as the date of polling. The counting of votes was to be effected on 8.12013 and on the same day, the result was to be declared.

(3.) The Petitioner states that he was a candidate of Bhartiya Janata Party, who was given a ticket to contest the election from 47 Khargapur Assembly Constituency, District Tikamgarh. The Respondent contested the election from 47 Khargapur Assembly Constituency as a candidate of Indian National Congress. Besides the Petitioner and the Respondent, there were 8 other candidates who contested the election from the above-mentioned Constituency. There were 2, 04, 500 registered voters in the Constituency. There were 213 polling stations. The total votes polled in the Constituency were 1, 38, 698 out of which the Petitioner is stated to have received 54, 094 whereas the Respondent was declared elected as a returned candidate having secured 59, 771 votes. The Respondent defeated the Petitioner by a margin of 5677 votes.