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2018 Supreme(MP) 591

ROHIT ARYA
Balmukund Singh Gautam – Appellant
Versus
Neena Vikram Verma – Respondent


Advocates:
A. M. Mathur with Abhinav Dhanodkar and Vaibhav Asawa for petitioner; C. L. Yadav with Ajay Lonkar for respondent; Samaerjeet Singh for noticees Vikram Verma and Anant Agarwal; H. Y. Mehta for noticees Ashok Jain, Sanjay Vaishnav and Devendra Patel; Dharmendra Patel and Jitendra Shah for noticee Vinod Soni; Prakhar Karpe for noticee G. S. Baghel.

JUDGMENT

Arya, J. -- 1. This election petition, under section 81 of the Representation of the People Act, 1951 (for short 'the R.P.Act'), has been filed calling in question the election of 201-Dhar (General) Assembly Constituency against the returned candidate with the symbol of 'Lotus' ('Kamal'); a candidate of the Bhartiya Janta Party, a recognized national political party, by the defeated candidate with the symbol of 'Hand' ('Panja'); Indian National Congress', a recognized national political party having lost with a margin of 11,482. Out of the total votes polled i.e. 171354, the returned candidate poled 85624 votes whereas the defeated candidate poled 74142 votes as per the certificate issued by the Returning Officer in form 21-E (Annexure P-1).

2. My predecessor (Shri Justice Alok Verma) has framed six issues with sub-issues under issues No. (1) and (2) vide order dated 27.8.2015. Vide order dated 8.3.2018, this Court has recorded that both the parties have addressed the Court on issues No. 2(e), 2(f) and 2(h) only as regards the corrupt practices as defined under section 123(2) and 123(4) of the R.P.Act, referable to paragraphs 9(k), 9(l) and 9(n) of the election petition and























































































































































































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