1. This election petition has been filed by the petitioner, who contested election from Constituency No. 31 Raghogarh, District Guna, in the elections which were conducted in the month of November 2013 so as to constitute the Madhya Pradesh Legislative Assembly. The petitioner was a candidate from Bhartiya Janata Party, whereas respondent No. 1 was a candidate from Indian National Congress, respondent No. 2 from Samaawadi Party, respondent No. 3 from Bahujan Samaaj Party, respondent No. 6 from Lok Janshakti Party and other respondents contested the election as independent candidates. It is apparent from record that respondent No. 5 was proceeded ex parte.

2. On 4.10.2013, the Election Commission had issued notification for the elections which took place in November 2013 and the petitioner had filed his nomination as Annexure-EP-1.

3. As per the Gazette notification dated 4.10.2013, the last date for nomination was 8.11.2013, the date of scrutiny of nomination was 9.11.2013, last date of withdrawal of candidature was 11.11.2013 and date of poll was 25.11.2013 and counting had taken place on 8.12.2013.

4. It is petitioner’s case that as per the Model Code of Conduct, none of the candidates or political parties or their representatives were required to make any appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples and other places of worship were not to be used as forum for election propaganda. In this regard, the petitioner has placed reliance on press note dated 4.10.2013, which is marked by the petitioner as Annexure -P-2.

5. According to the petitioner, the corrupt practices are to be seen from the date 1.11.2013, which was the date for filing of the nominations, till the date of the voting, i.e., 25.11.2013. According to him, Raghogarh Constituency has total 1,91,631 electors; out of which 1,29,216 were from General and OBC Category, 33,503 from Scheduled Caste Category and 22,039 from Scheduled Tribe Category. Besides this, there were 6,873 Muslim voters. Thus, 96% of the total electors were belonging to the Hindu community or tribal tradition. According to the petitioner, respondent No.1 got published calendars, pamphlets, post cards size leaflets containing photographs of Hindu Gods/idols such as Laxmiji, Ganeshji and Saraswatiji besides his own photographs and has been shown in these documents conveying general public his wishes for Diwali and new year. According to the petitioner through these documentary communications, respondent No.1 was appealing to Hindu community on the basis of religious symbols and was requesting Hindu community to vote for him as he himself is Hindu.

6. Learned counsel for the petitioner admits that all the contesting candidates were belonging to Hindu community and according to the petitioner, the calendars were deliberately published for the year 2013, i.e., the election year, by respondent No.1 in order to circumvent provisions of Model Code of Conduct and to defeat the purposes of section 123 (3) of the Representations of Peoples Act, 1951 (hereinafter shall be referred to as the “R.P.Act”), which is applicable during the period of Code of Conduct. It is also submitted that these calendars were circulated to the persons belonging to the Hindu community between 10.11.2013 to 24.11.2013.

7. As per the petitioner one Shri Mangilal Son of Kamarlal Mali, resident of Salota had received such calendar on 12.11.2013 from the supporters of Indian National Congress at around 1.30 p.m. and he was requested to vote in favour of respondent No.1 as he is a Hindu and if he becomes a member of Legislative Assembly, then the Constituency shall not be short of money as respondent No.1 has blessings of Goddess Laxmiji. Similarly, Shri Rakesh Khatik Son of Shri Laxminarayan, resident of Village Barsat had received such calendars on 14.11.2013 from the supporters of INC, who had demanded votes for respondent no.1 on the similar religious sentiments. It is further mentioned t