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VIVEK AGARWAL
Radhey Shyam Dhakad – Appellant
Versus
Jaivardhan Singh – Respondent
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 th
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