IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE ELECTION PETITION No. 2 of 2020 BETWEEN:-

DR. GOVIND SINGH S/O LATE MATHURA SINGH, AGED-69 YEARS, RESIDENT OF HOUSE NO.61 VILLAGE VAISHPURA POST VAISHPURA TEHSIL LAHAR DISTT. BHIND (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANOOP G. CHAUDHARY WITH SHRI KUBER BODH (VC)

AND SHRI MANAS DUBEY (PHYSICAL) -ADVOCATES)

AND

1. MR. JYOTIRADITYA M. SCINDIA S/O SHRI LATE MADHAVRAO J. SCINDIA, AGED-49 YEARS, RESIDENT OF 1, JAI VILAS LASHKAR TESIL GWALIOR DISTT. GWALIOR (MADHYA PRADESH)

2. ELECTION COMMISSION OF INDIA (DELETED) THR. THE CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN, ASHOKA ROAD (DELHI)

3. CHIEF ELECTORAL OFFICER (DELETED)

THR. THE ELECTION COMMISSIONER NIRVACHAN SADAN, 17, ARERA HILLS BHOPAL (MADHYA PRADESH)

4. SHRI SUMER SINGH SOLANKI G1, NEW OFFICERS COLONY BARWANI, (MADHYA PRADESH)

5. SHRI DIGVIJAY SINGH , B1, SHYAMLA HILLS BHOPAL (MADHYA PRADESH)

6. SHRI PHOOL SINGH BARAIYA, 20, NEW JIVAJI NAGAR THATIPUR GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI NAMAN NAGRATH, SR. ADVOCATE WITH SHRI SOUMYA PAWAIYA AND SHRI SANJAY SHUKLA- ADVOCATE FOR R-3 (VC), SHRI DEVRAJ DIXIT- ADVOCATE FOR R-3 (PRESENT))

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Reserved on 14/12/2023 Delivered on 15/02/2024 ------------------------------------------------------------------------------

This petition coming on for hearing this day, Hon'ble Shri Justice Milind Ramesh Phadke passed the following:

ORDER

1. Instant Election Petition under Section 80, 100 (1) (b) and (d) and 123 of the Representation of People Act, 1951 (herein referred to as “Act of 1951”) had been filed by the election petitioner Dr. Govind Singh challenging the candidature of Respondent No.1 Jyotiraditya M. Scindiya, as returned candidate of Bhartiya Janta Party from State of Madhya Pradesh, in the Biennial Elections to the Council of States (Rajya Sabha) in the parliamentary elections held on 19.06.2020. The said elections are put to challenge on the ground that while submitting nomination paper along with the affidavit, returned candidate i.e. Respondent no.1 had not disclosed particulars or information regarding registration of an FIR lodged against him and others vide crime no.176/2018, on 27.09.2018 at Police Station Shyamla Hills, Bhopal for commission of offences punishable under Sections 465, 468, 469, 471, 472, 474 & 120-

B of IPC.

2. Brief facts of the case: Election Commission of India had issued a “Press Note” no. ECI/PN/26/2020 dated 25.02.2020 that the term of office of 55 Members of Rajya Sabha elected from 17 States is due to expire in the month of April, 2020 and in lieu of that the Commission notified the election program in respect of Biennial Elections to the Council of State of Madhya Pradesh along with other states. The 'Press Note' was uploaded by the Election Commission on its site having web address 'eci.gov.in.'. As per the said notification, the election was scheduled to be held as under:

3. Pursuant to the 'Press Note' dated 25.02.2020, the Parliamentary Bulletin of Rajya Sabha dated 06.03.2020 No.59830 was released which read as, “....Members are informed that the Election Commission of India vide their th notification no.318/CS-Multi/2020(1) dated 6 of March, 2020, have fixed the program for Biennial elections to the Rajya Sabha in the States of Andhra Pradesh, Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Jharkhand,