Ramniwas Rawat vs Mukesh Malhotra and Others

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The Election Petitioner, a former five-term Member of Legislative Assembly from Assembly Constituency 02 Vijaypur, District Sheopur, contested the bye-election held on 12-11-2024 on a BJP ticket after having resigned from INC and joined BJP. Respondent No. 1 Mukesh Malhotra, contesting on an INC ticket, was declared elected vide election certificate dated 23-11-2024. The Election Petitioner challenged the election under Sections 80 and 81 of the Representation of the People Act, 1951 seeking a declaration that the election of Respondent No. 1 was void and that the petitioner be declared duly elected.

The primary ground of challenge was that Respondent No. 1 suppressed material information relating to his criminal antecedents in the affidavit filed in Form 26. The petitioner alleged that Respondent No. 1 disclosed only two criminal cases with incomplete details—failing to disclose that charges had already been framed—and entirely omitted four other criminal cases including two convictions: one under the Indian Forest Act resulting in a fine, and another under Sections 332 and 294 IPC resulting in six months' rigorous imprisonment. The petitioner contended that such suppression constituted corrupt practice within the meaning of Sections 100(1)(b) and 123(2) of the Representation of the People Act, 1951.

Respondent No. 1 filed an application under Order 7 Rule 11 CPC challenging the maintainability of the petition. The judgment addresses the issues arising from the alleged non-disclosure and suppression of criminal antecedents in the nomination affidavit and its consequences under the Representation of the People Act, 1951.

Catchwords: election petition corrupt practice suppression of criminal antecedents Form 26 affidavit non-disclosure of convictions bye-election Representation of the People Act framing of charges nomination paper Order 7 Rule 11 CPC