Case Title: Mahaveer Prasad Pareek @ Tiwari vs Rampratap Kaslaniya & Ors S.B. Election Petition No. 4/2019
Case No.: S.B. Election Petition No. 4/2019
Decided on: 04.04.2023
Coram: HON’BLE MR. JUSTICE Vineet Kumar Mathur
Facts of the case:
The petitioner had filed his nomination for election with the name that appeared in the Electoral Roll of his Ward. The list of candidates with their correct names was published by the Returning Officer. However, the respondents allegedly engaged in corrupt practices by publishing false posters that incorrectly displayed the petitioner’s name as “Mahaveer Prasad Pareek @ Shivaji,” instead of his correct name “Mahaveer Prasad Pareek @ Tiwary.
It was further alleged that the respondents engaged in corrupt behaviour by publishing false posters in order to secure more votes, which allegedly led to the petitioner losing votes, as it created suspicion among his voters. The petitioner filed complaints with the Chief Election Commissioner and the Returning Officer, despite which there was no action taken. The petitioner contended that if false posters had not been used, he would have received more votes, and thus, filed the Election Petition.
Judgement:
Justice Mathur pointed out that the pleading with respect to the allegation levelled against the Respondent is casual, does not disclose the required details and is not sufficient to bring home the allegation of corrupt practice in the present case.
Justice Mathur further pointed out that unless there is a specific averment, allegation and evidence in support of the contention that such material got published by the respondents or their agents, it cannot be presumed that such corrupt practice was adopted by the respondents.
Justice Mathur stated that there was no cogent documentary evidence except a bald allegation which cannot be considered to come within the ambit of corrupt practice as enshrined in Section 123 of the Representation of the People Act, 1951.
While dismissing the election petition, Justice Mathur held, “The core issue as to whether the instant election petition disclose any cause of action, a perusal of the averments made in the election petition and the plea taken in the application under Order 7 Rule 11 CPC, makes it crystal clear that the election petition does not disclose any cause of action.”
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Written by: Mahima Saini
