MP High Court Issues Notice On Congress Leader's Plea Challenging Election Of BJP's Khandwa MP Gyaneshwar Patil For Filing 'False Affidavit'
Challenging the 2024 Lok Sabha Elections to the Khandwa Constituency wherein BJP candidate Gyaneshwar Patil emerged victorious, Congress Leader and contesting candidate Narendra Patel has filed an election petition saying that the former suppressed material information in his affidavit.The single judge bench of Justice Vivek Jain has issued notice to the parliamentarian, as well as...
Challenging the 2024 Lok Sabha Elections to the Khandwa Constituency wherein BJP candidate Gyaneshwar Patil emerged victorious, Congress Leader and contesting candidate Narendra Patel has filed an election petition saying that the former suppressed material information in his affidavit.
The single judge bench of Justice Vivek Jain has issued notice to the parliamentarian, as well as other candidates, returnable in four weeks.
The petitioner alleges that Patil deliberately hid the details about him being a defaulter of a loan he availed from Citizen Co-operative Bank, Burhanpur while submitting his nomination papers. Moreover, he has also concealed his stakes in M/s Priyam Kela Suppliers as its proprietor, the petition adds.
It is contended that three out of four cheques issued by the legislator towards repayment of the loan had been dishonoured. As a result of all the aforementioned circumstances, the election of Gyaneshwar Patil has become vitiated under Sections 100(d)(i) [improper acceptance or any nomination] and (ii) [corrupt practices] of the People's Representation Act of 1951, the petitioner adds in the plea.
The Congress leader also submits that the BJP politician was ousted from the post of Director, M.P. State Powerloom Bunkar Sahkari Samiti Maryadit, Burhanpur on account of loan default. Even his membership in the society was revoked by the Registrar of Cooperative Societies due to the said default in repayment.
The non-disclosure of assets/liabilities and sources of income are fatal to the candidature in elections, the petitioner's counsel added that it constitutes a corrupt practice amounting to 'undue influence' under Section 123(2) of the 1951 Act since it can misguide the voters.
Relying on Sections 84 and 102 of the 1951 Act, the petitioner-candidate also mentions that respondent-candidate has affected the election and secured more votes by 'using unfair means, suppressing material facts and by submitting false and frivolous affidavit'.
“…The aforesaid-act/suppression has affected the general public while choosing the candidate for being their _ representative and. thus, the election of respondent No.1 from the Lok Sabha Constituency,Khandwa deserves to be declared as null and void”, the petitioner states in his plea by relying on Lok Prahari v. Union of India & Ors., (2018) 4 SCC 69.
Stating the above grounds, Narendra Patel prays for declaring him as elected from the Khandwa Lok Sabha Constituency instead of the respondent. Gyaneshwar Patil secured 8,62,679 votes in the 2024 Lok Sabha Elections whereas the Congress Candidate had 5,92,708 votes in his favour.
Independent candidate and 7th respondent in Patel's election petition, Advocate Manoj Kumar Vishwambharnath Agrawal, has also filed a similar election petition (EP No.19/2024) against the BJP candidate's election.
Advocate Abhay Pandey appeared for the Congress leader.
Case Title: Narendra Patel v. Gyaneshwar Patil
Case No: EP 18/2024