PURUSHOTTAM LAL Vs. RITU BANAWAT

JUDGEMENT

(1.) This election petition has directly been filed before the High Court under Sec. 80/81 of the Representation of People Act, 1951 (for short "RP Act ") which is triable by the High Court as per Sec. 80-A of the RP Act.

(2.) Through this election petition, petitioner seeks to challenge election of respondent No.1 as a Member of Legislative Assembly (MLA), Bayana (Constituency No. 076) District Bharatpur in General Rajasthan State Assembly Elections, 2023. Petitioner was one of the contesting candidate, out of total eleven candidates who contested election for MLA in Bayana, Constituency No. 76 and secured 689 votes. Respondent No.1 got 105749 votes and was declared returned candidate for this Constituency. Other nine candidates, in total received 85743 votes and they have also been made party respondents No. 2 to 10 herein this petition. Respondent No.11 is Returning Officer-cum-Sub Divisional Magistrate, who declared the result of election on 3/12/2023. Thereafter, this election petition came to be filed by petitioner on 8/12/2023.

(3.) Challenge to the election of respondent No.1 has been fundamentally made by petitioner on the ground that respondent No.1 did not disclose the complete and correct information/particulars of her assets and liabilities, in the prescribed affidavit Form-26, rather also left certain columns blank and unfilled, hence, thereby she be held guilty of concealing the material and substantial information, which amounts to adopting corrupt practices, as such her nomination form is liable to be cancelled and consequentially, her election as MLA of Constituency Bayana declared on 3/12/2023, be declared void under Sec. 100 (1)(b)&(d) of the RP Act.