ORDER

Invoking Sections 80 & 81 of the Representation of People Act, 1951 (in short “Act, 1951”) this election petition has been filed by the petitioner questioning the Election of Parliamentary Constituency No.15 and for declaring such election as void and it be cancelled.

2.The succinct portrayal of facts as per the petitioner is that in an election of Parliamentary Constituency conducted in the year 2019, the petitioner was one of the candidates, who participated in that election and submitted his nomination form on 09.04.2019 disclosing the fact that he is a resident of Balaghat and his name finds place in the voter-list. Similarly, other candidates have also submitted their nomination forms. In furtherance thereto, the scrutiny of nomination papers got done on 10.04.2019 and the date of withdrawal of nomination form was fixed till 12.04.2019. Further, the date of polling was scheduled as 29.04.2019 and date of counting of votes was fixed as 23.05.2019 and the date of concluding the election was 27.05.2019. The election program was declared by the Election Commission, which is made appendage to the election petition. (i)In pursuance to the notification issued by the Government of India on 02.04.2019, the election got conducted. The election petitioner participated in the election from Balaghat Constituency and submitted his nomination form as a candidate of Bahujan Samaj Party (BSP). His nomination papers were accepted and was granted BSP’s symbol i.e. Elephant. (ii)Respondent No.16 Kishore Samrite also submitted his nomination form as independent candidate giving incorrect information in the nomination form and also suppressing certain material information with regard to his past criminal antecedents, but even though his nomination was accepted and he was allowed to contest the election. As averred in the election petition, respondent No.16 was awarded with a punishment of five years conviction and against the judgment of criminal trial, Cr.A.No.27/2010 was filed and was pending in the High Court. Although the sentence was temporarily suspended by the High Court, but still according to the election-petitioner, respondent No.16 was not eligible to participate in the election. Astoundingly, the returning officer while ignoring the said material aspect, accepted his nomination paper and also allotted him symbol of ‘Cup &amp; Plate’. As per the election petitioner, the acceptance of nomination form of respondent No.16 by the returning officer illegally vitiates the whole election illegal and as such it deserves to be declared void. (iii)As scheduled, on 29.04.2019 the polling was done and all the Electronic Voting Machines (EVM) used in the election were kept in strong-room inasmuch as counting was scheduled for 23.05.2019 that is after a period of 24 days. As per the petitioner, on the date of counting of votes, it was noticed that EVMs of polling booth No.100 of Lanji;<br/>

booth No.9 of Paraswara Constituency Chandna; booth No.23 Silgi;

booth No.28 Khalondi; booth No.65 Chudki; booth No.57 Sahjana and booth No.24 of Bhalwa, were surprisingly found 99% charged. An immediate objection with regard to astonished defect was reported to the incharge of the booths by the representatives of the political parties saying as to how even after 24 days, EVMs can display 99% charged, but brushing aside those objections even counting was continued and the election result was also declared in which respondent No.5 secured 696102 votes; election-petitioner secured 85177 votes and respondent No.16 secured 7365 votes.

(iv)In the election petition, it is also averred that respondent No.5 did not disclose the material information that the lands comprised in khasra No.772 of Gram Pipariya Tahsil Balaghat; khasra No.306/4 of Gram Anagarh and khasra No.124/9 of Gram Jiyarat, belonged to his family members i.e. wife and sons and also did not disclose the information with regard to other i