Gwalior, March 9 The Madhya Pradesh High Court on Monday overturned the election of Congress MLA Mukesh Malhotra, citing that he deliberately suppressed information about the charges in two criminal cases during the 2024 by-election, noting that voters were misled through this "corrupt practice."
The Gwalior bench declared BJP candidate Ramniwas Rawat, who had received the second-highest number of votes, as the "elected MLA" from the Vijaypur constituency.
The single bench of Justice GS Ahluwalia declared the election of Congress MLA Mukesh Malhotra from the Vijaypur assembly constituency in Sheopur district as "null and void" and declared the second-placed BJP candidate, Ramniwas Rawat, as the MLA, according to the order.
Malhotra won the 2024 by-election by a margin of 7,364 votes.
In its 72-page order, the HC said, "It is held that Malhotra, by deliberately and knowingly suppressing material information regarding the framing of charges in two pending criminal cases, has misled the electorate."
The bench observed that such suppression has materially hindered the free exercise of electoral rights and has deprived voters of making an informed and advised choice.
This act of suppression has resulted in direct or indirect interference with the free exercise of the right to vote by the electorate, the bench stated.
This constitutes undue influence, necessitating the declaration of his result as null and void, the HC order said.
"It is made clear that it is not necessary for this court to consider whether the suppression on the part of respondent No. 1/Mukesh Malhotra has materially affected the election result or not, because it has to be presumed and such a question does not arise. Thus, respondent No. 1 Mukesh Malhotra is held guilty of corrupt practice," the order said.
Rawat's advocate, MPS Raghuvanshi, said the high court has declared BJP's Ramniwas Rawat as the MLA from Vijaypur in his place, as he had finished second.
He said the Election Commission will be informed about the decision.
"The Supreme Court has repeatedly stated that whenever an MLA or MP contests an election, they must submit an affidavit disclosing criminal cases against them," Raghuvanshi added.
Rawat told reporters that Malhotra had concealed the information about the pending criminal cases.
Reacting to the judgment, Leader of Opposition in the assembly and Congress MLA Umang Singhar said his party will challenge the decision in the Supreme Court after consulting lawyers and understanding the legal aspects.
"The people of Vijaypur gave the Congress its mandate. The people are still with us. We hope we will get justice from the Supreme Court," Singhar said.
Before the elections, Malhotra was in the BJP, while Rawat was a member of Congress.