The Madhya Pradesh High Court has set aside the election of BJP leader
Rahul Singh Lodhi as Member of Legislative Assembly from 47
Khargapur Assembly constituency of Tikamgarh district.
The election for Legislative Assembly of Madhya Pradesh 2018 of respondent Rahul Singh Lodhi as Member of Legislative Assembly from 47
Khargapur Assembly constituency, is set aside and declared void, the court order said.
As the election of respondent Rahul Singh Lodhi is being declared
void, he therefore, must not be allowed any benefits of this
election, the court order said.
Justice Nandita Dubey ordered for non-compliance and violation of the procedure and Rules, strict action must be taken against the Returning Officer and in future she must not be assigned any duty of similar nature.
Clearly there is failure of duty and violation of statutory provisions in terms of Section 134 of the Act of 1951 by the Returning Officer, who went out of her way to accept the nomination paper to favour Rahul Singh Lodhi, the court order said.
According to the petitioner Chanda Singh Gour, the election of respondent is vitiated under the provisions of 100(1)(b) & (d)(i) and (iv) of the Act of 1951 and also for non-compliance of the provisions of the Act of 1951 and Conduct of Election Rules 1961 and therefore liable to be set aside and declared void, the court order stated.
The learned counsel for the petitioner has further contended that the respondent has submitted two nomination papers giving different details regarding his partnership Firm having contract with MPRRDA to overcome and get out of the disqualification prescribed under Section 9-A of the Act.
The petitioner further alleged that respondent’s nomination papers were improperly accepted, which has materially affected the result of the election. It is alleged that respondent submitted two nomination forms, with different information regarding his status as partner in the Firm, M/s R.S. Constructions, Tikamgarh having contract with MPRRDA, which amounts to corrupt practices as enumerated under Section 100 (1)
(b) & (d)(i) of the Act of 1951, the court order stated.
The court ordered a copy of this order be placed before the State
Election commission and the Election Commission of India.
