The Madhya Pradesh High Court recently rendered a verdict dismissing an election petition filed against Bharatiya Janata Party (BJP) Member of Legislative Assembly (MLA) Jajpal Singh. The petitioner, BJP leader Ladduram Kori, had alleged that Singh submitted a false caste certificate and concealed a pending criminal case, raising questions about the validity of Singh's election victory. The legal saga unfolded after Kori lost a reserved seat in the Ashoknagar constituency to Singh in the 2018 elections when Singh was affiliated with the Congress party. Notably, Singh switched allegiances to the BJP in March 2020 and subsequently secured victory in a bypoll.
The crux of the matter revolved around Singh's claimed membership in the 'NAT' Scheduled Caste community, a status that Kori contested. The single-judge bench, presided over by Justice Sunita Yadav, carefully examined the records and ultimately determined that Singh's caste certificate, submitted in support of his nomination, was valid. The court highlighted that the caste status of Singh had been conclusively decided by the Apex Court, and in light of the case precedent, the genuineness of the caste certificate could not be adjudicated in the election petition. Justice Yadav underscored the finality and conclusiveness of the order passed by the State-Level High Power Caste Scrutiny Committee, emphasizing that it could only be challenged through proceedings under Article 226 of the Constitution.
The court also addressed a special leave petition (SLP) filed by the election petitioner before the Supreme Court, challenging the High Court's Division Bench order that affirmed the findings of the caste scrutiny committee. The Supreme Court dismissed this SLP on August 9, 2023. Additionally, the High Court clarified that the acceptance of Singh's nomination by the returning officer in November 2018 was not tainted by the alleged incorrectness of the caste certificate presented.
Moreover, the court explicitly stated that Singh did not violate Sections 33A or 125 A of the Representation of People Act, 1951. It emphasized the lack of evidence indicating that at the time of filing the nomination, there was a pending criminal case punishable with imprisonment for two years or more, in which charges had been framed by a court of competent jurisdiction. The court scrutinized the petitioner's evidence and found no indication that cognizance had been taken or an FIR registered against Singh by the Economic Offences Wing under the Prevention of Corruption Act, as initially claimed by Kori.
In dismissing the election petition, the court pointed out the absence of any documentation or indication that Singh had faced legal proceedings related to the allegations made against him. It noted that the petitioner had failed to establish a connection between the allegations and any ongoing legal actions. The court also observed that the petitioner, Kori, had a history of being a 'busy body,' as noted in a previous writ petition by a co-ordinate bench of the High Court. It further stated that Kori had not demonstrated how his fundamental rights were violated due to Singh's election.
The court concluded that the election petition appeared to be fueled by political rivalry, particularly given that Kori had not raised objections to Singh's caste status in previous elections. Singh had contested elections in 2013 and 2021 as a member of the Scheduled Caste community, without any opposition from Kori. The court, therefore, deemed the current petition as a manifestation of political animosity following Kori's defeat in the 2018 elections.
In light of these considerations, the court invoked Section 35(A) of the Code of Civil Procedure (CPC) and imposed a cost of Rs. 50,000 on the election petitioner, emphasizing the mental agony caused to Singh. This ruling underscored the court's view that the petition lacked substantive evidence, proper pleadings, and supporting documents, further solidifying the perception that it was driven by political motives rather than a genuine legal concern.
TAGS: Madhya Pradesh High Court Election petition BJP MLA Jajpal Singh Caste certificate Criminal case Ladduram Kori Ashoknagar constituency
