MP High Court declares Congress MLA Mukesh Malhotra's election "null and void"

Gwalior (Madhya Pradesh) [India], March 9 : The Gwalior Bench of Madhya Pradesh High Court declared the bye-election of Congress legislator Mukesh Malhotra from the Vijaypur Assembly Constituency as "null and void" on Monday, noting that the candidate deliberately suppressed information about pending criminal cases in his election affidavit.
A single bench of Justice G S Ahluwalia further declared the runner-up BJP candidate, Ramniwas Rawat, as the "elected MLA" from the seat.
"...it is clear from the evidence of the representatives of newspapers, the information regarding criminal antecedents was not published in newspapers having wide circulation in the Vijaypur Assembly Constituency. Under these circumstances, it is held that Mukesh Malhotra, by deliberately and knowingly suppressing material information regarding the framing of charges in two pending criminal cases, has misled the electorate," the court said.
"...this act of suppression has resulted in direct or indirect interference with free exercise of right to vote by the electorate and since, it was within the knowledge of Mukesh Malhotra about the pending cases and whether charges have been framed or not, therefore, this act of the respondent amounts to undue influence, necessitating the declaration of his result as null and void. It is made clear that this Court doesn't need to consider whether suppression on the part of the respondent has materially affected the election result or not because it has to be presumed, and such a question does not arise. Thus, Mukesh Malhotra is held guilty of corrupt practice," the court noted.
The order further read, "For the reasons mentioned above, the election of Mukesh Malhotra as MLA from Assembly Constituency 02 Vijaypur in bye-elections held in the year 2024 is hereby declared as null and void, and all adverse consequences as provided in Representation of the People Act, 1951 would follow."
Additionally, the court also directed, "Since the Election Petitioner had also sought a declaration that he be declared as elected as he was the candidate who had secured second highest votes, therefore, the Election Petitioner Ram Niwas Rawat is declared elected as MLA from Vijaypur Assembly Constituency in the bye-elections which were held in the year 2024. The Election Commission, as well as the Returning Officer are directed to complete the formalities in this regard."
Notably, the Vijaypur assembly seat in Sheopur district fell vacant after Ramniwas Rawat, who was sitting MLA from the seat for the Congress party, quit the grand old party and joined the BJP amid the Lok Sabha elections in April 2024. The by-poll for the seat was held in November 2024, in which Rawat contested under the BJP flag and lost to Congress candidate Mukesh Malhotra, who contested from the seat.
Later on, Rawat filed a petition before the court about the unfair practice of the Congress candidate for not disclosing the information related to criminal charges against the latter. Hearing the matter, Justice GS Ahluwalia declared the bye-poll of Congress legislator null and void and directed Rawat as elected MLA from the seat.