LAXMIKANT SHARMA Vs. GOVARDHAN UPADHYAYA & OTHERS

JUDGEMENT

(1.) This election petition has been filed by petitioner Laxmikant Sharma under the provisions of Sections 80 and 81 of the Representation of People Act, 1951 (hereinafter for short 'Act of 1951') being aggrieved by result of the election for the Legislative Assembly Constituency Sironj (General) No.147, to which the elections were held on 25.11.2013 and in which respondent no.1- Govardhan Upadhyay has been declared as a winning candidate.

(2.) It is petitioner's contention that the petitioner was a sitting MLA and Minister of the State of Madhya Pradesh at the time when nominations were filled, for which last date was 08.11.2013. The last date for withdrawal of the nomination was 13.11.2013 and after such last date of withdrawal, there were 12 candidates in the fray who contested the elections for the Legislative Assembly Constituency No.147 of the Madhya Pradesh Vidhan Sabha. Out of these 12 contesting candidates, 11 have been arrayed as respondents and besides them, the petitioner was also a candidate.

(3.) It is submitted that the petitioner was given a ticket to contest the election on the party symbol of Bhartiya Janata Party, whereas respondent no.1-Govardhan Upadhyay contested the election on the symbol and ticket of Indian National Congress. Similarly, respondent no.2-Mubaraq Ali contested the election on ticket of Bahujan Samaj Party, respondent no.3-Mohammad Nazir Khan contested the election as a candidate of Hindustan Janta Party, respondent no.4-Sameena Bai contested the election as a candidate of Bahujan Sangharsh Dal, respondent no.5-Smt. Shobna Yadav was a candidate of Samajwadi Party and the other respondents contested the election as independent candidates.