Election petitions must contain precise, specific pleadings with full material particulars of corrupt practices. General allegations that would not materially affect the election result, particularly when the victory margin is substantial, are insufficient to disclose a cause of action and justify dismissal in limine.

ORDER :

AVANINDRA KUMAR SINGH, J.

1. This Election Petition is filed by the petitioner Kankar Munjare under Section 80 , 80-A, 81 and Section 100 of the Representation of People Act, 1951 with the following prayer and important grounds/ facts as mentioned in paragraphs 17 to 20 which are reproduced below :-

Prayer.

“It is therefore prayed that this Hon’ble Court may kindly be pleased to:

I. Call for the entire record from the District Election Officer/Election Commission of India in respect of Parliament Constituency:15- Balaghat M.P in General Election 2024.

II. Declare the election of the respondent no. 1, who is the returned candidate from Lok Sabha Constituency, 15- Balaghat (M.P.) as null and void;

III. To award appropriate punishment to those found to be involved in corrupt practice and pass such order.

IV. Any other relief to which this Hon’ble Court may deem fit and proper in the Interest of Justice may. also be granted;

V. Cost of the petition.”

Important grounds / facts:-

“17. That after the polls the presiding officers furnished a copy of record of votes in the form of Form 17-(ga)of the Polling station 88, Madhyamik Shala, Jayama wherein the total number of Polled votes are shown as 372, while during counting when the EVM machine of the Polling station when Total button was pressed the _total number of votes displayed were 428 votes. The said discrepancy was pointed out by one Sunil Kumar Agarwal, the representative of INC Party against which the Returning officer had informed that the total votes were 428. Copy of the record of votes in the form of Form (17-(ga) along with the complaint of discrepancy is annexed herewith as Annexure P/8.

18. That the petitioner through his representatives/counting agents had submitted the complaints and apprised the concerned authorities about the corrupt practice that have been committed by the returned candidate/respondent no. 1 or possibly her election agent or someone at her instance.

19. That on 04.06.2024 the petitioner’s representatives/ counting agents Gokul Mohaare, Sehajlal Upwanshi Patel, Punaram Humnekar, Jitendra Lilhare, Rakesh Tivade, Ravi Kuthe Jitendra aka Raja Lilhare have apprised through various letters intimating the authorities of the fact that the election was concluded on 19.05.2024 and thereafter EVMs were taken to strong room. The EVMs were shown to the counting agent only on 04.06.2024 and at that time they were 99% charged. It was also submitted that it is less likely that the EVMs maintained the optimum value despite being used for voting (atleast 10-15% battery should have been drained) and thereafter kept in the strong room without any interference. The EVMs were replaced/altered in collusion to obtain favourable results by the respondent no. 1. A copy of said complaints is annexed collectively as Annexure P-9.

20. That the petitioner had already on 30.03.2024 ‘requested the concerned authorities that the Collector, Balaghat and be transferred before the elections. It was apprised that a video had went viral where some of the miscreants could be seen opening the. Postal Ballot paper and attempting to manipulate the result of state legislative assembly, 2023. The news was covered by the major news channels and media. The Tehsildar and SDM were suspended holding them to be accountable. Apart from that the Collector Balaghat had also committed some serious lapses in the election process. The collector had also re- instated and had given some important posts to the tainted officers. Also, the petitioner had submitted a complaint against the S.P Balaghat in pursuant to a fake encounter and had already requested the concerned authorities that the S.P, Balaghat be transferred before the elections so as to ensure fearless, free and fair elections, but no heed was ever paid to the requests made. Copy of such representations have been annexed. collectively as Annexure P-10. Thus, it is submitted that the process of election was not fair and healthy and, therefore, this p