MADHYA PRADESH HIGH COURT
Anand Pathak, J.
Devashish Jarariya v. Sandhya Rai
E. P. No. 34 of 2019
| Table of Content |
|---|
| 1. petitioner filed election petition challenging election results. (Para 1 , 2 , 4) |
| 2. respondent claims no cause of action due to lack of specific breaches. (Para 11 , 12 , 15) |
| 3. court emphasizes necessity of clear, specific allegations in election petitions. (Para 19 , 22 , 31) |
| 4. election petition dismissed due to vague and insufficient allegations. (Para 28 , 32) |
1. The instant application is under S.82 and S.86 of the Representation of People Act, 1951 read with Order VII, R.11 of CPC at the instance of respondent for dismissal of Election Petition.
2. Precisely stated facts, necessary for adjudication are that petitioner has preferred the instant election petition whereby he challenged the election of respondent who has been declared as returned candidate from Parliamentary Constituency No.2, Bhind (M.P.). Polling was held on 12 - 05-2019 and on 23-05-2019, result was declared. As submitted, petitioner secured 3,27,809 votes whereas respondent secured 5,27,694 votes. According to result status, respondent defeated the petitioner by a margin of 1,99,885 votes.
3. Election Commission of India (hereinafter referred to as "the Commission") issued the final result in form - 20.
4. Petitioner through election petition called in question the election of respondent of Member of House of Peoples (Lok Sabha) from 02 Parliamentary Constituency, Bhind under S.100(1)(d)(iv) of the Representation of People Act, 1954 (hereinafter referred as "the Act").
5. Main allegations of petitioner in short are that during election process, Commission and its Officers did not comply the instructions / order dated 13-10-2017 (Annexure P / 10) issued by the Commission as well as instructions / order dated 21-05-2019 (Annexure P / 11) issued by the Commission.
6. As per instructions dated 13-10-2017, certain directions were issued which are reproduced for ready reference:
"For this 'pilot' verification of VVPAT paper slips of randomly selected 01 (one) polling station per Assembly Constituency, the following procedure shall be followed:
1. The verification of VVPAT paper slips of randomly selected 01 (one) polling station for each Assembly Constituency shall be taken up after the completion of the last round of counting of votes recorded in the EVMs.
2. The random selection of 01 (one) polling station per Assembly Constituency shall be done by Draw of lots, by the Returning Officer concerned, in the presence of candidates / their agents and the General Observer appointed by the Commission for that Assembly Constituency.
3. The draw of lots must be conducted immediately after the completion of the last round counting of votes recorded in the EVMs (Control Units) in the designated Counting Hall for the particular Assembly Constituency.
4. A written intimation regarding the conduct of draw of lots for the random selection of 01 (one) polling station for verification of VVPAT Slips shall be given by the Returning Officer to the Candidates / their election agents well in advance.
5. The following procedure shall be followed for the conduct of draw of lots:
a. White paper cards of postcard size shall be used for conducting the draw of lots.
b. Total number of such paper cards shall be equal to total number of polling stations in the Assembly Constituency.
c. The paper cards shall have pre - printed Assembly Constituency number, AC name and date of polling on the top, and the polling station number in the centre. Each digit of the polling station number shall be atleast 1"x1" (1 inch by 1 inch) size and printed in black ink.
d. The paper cards to be used for draw of lots should be four folded in such a way that polling station number is not visible.
e. Each paper card shall be shown to the candidates / their agents before folding and dropping in the container.
f. The paper cards shall be kept in the big container and must shaken before picking up 01 (one) slip by the Returning Officer."
7. Similarly as per allegations, clause 4(a), 4(e) of circular dated 21
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