Bombay High Court Dismisses Plea Challenging Nitin Gadkari's Election To 18th Lok Sabha From Nagpur; Imposes Costs On Petitioner

In a relief to Union Road Transport Minister Nitin Gadkari, the Bombay High Court has dismissed a petition challenging his election to the 18th Lok Sabha from the Nagpur constituency, wherein he was accused of resorting to 'malpractices' by printing voter slips with his photos and BJP symbol on it and distributing the same to the voters.

Single-judge Justice Urmila Johsi-Phalke dismissed the election petition filed by one Suraj Mishra (30) on the ground that his plea fell short to establish how the alleged practice by Gadkari and his party workers 'materially affected' the election results. 

The pleadings, the bench noted, are that on many polling booths the Model Code of Conduct (MCC) was being violated as the voters were given the chits having photographs of the BJP Candidates along with the symbol of BJP.

"There were separate machines carried by several BJP workers and the said machines were having special software through which if the voters names are seen, the total details were given to the voters in a printed form along with the photographs of the BJP Candidates and Symbol. The link was circulated to the mobile phones of the BJP workers. The said software was created by the BJP. The chits circulated to the voters were having photographs of Nitin Gadkari and symbol of BJP. Thus, on many polling booths, the Code of Conduct was violated," the petitioner alleged. 

However, the bench found these pleadings to be 'vague' as the same did not spell out as to how the election results were materially affected because of this. These facts, the judge held, fell short of being 'material facts' as contemplated in Section 83(1) (a) of the Representation of Peoples Act to constitute a complete cause of action in relation to allegation under Section 100(1)(d)(iv) of the Act. 

"Thus, 'material facts' as to corrupt practices by whom, at which place and how the election materially affected are basic requirements. In order to constitute corrupt practice under Section 123(5) of the RPC Act, hiring or procuring of machines which were used to generate the slips by candidate or his agent or any other person with his consent is the first essential ingredients which is absent in the present case. The entire pleadings nowhere disclose as to who has procured the said machines, who were using the said machines and whether the said machines were used with the consent of the returned candidate or not and how it is used to influence the voters which requires to be pleaded to make out a cause or corrupt practices," Justice Joshi-Phalke said in the order passed on March 19. 

The judge, therefore, held, "It becomes clear that in absence of pleadings as to the 'material facts' to the extent of that the election of Nitin Gadkari a returned candidate was materially affected, it would have to be held that the election petition is based on an incomplete cause of action."

Therefore, no useful purpose would be served by permitting the election petitioner to proceed for trial in absence of any pleadings in the election petition that the election of the returned candidate was required to be declared void under Section 100(1)(d)(iv) of the Act, the bench held.

Further, the bench also ordered Mishra to pay the cost of litigation to Gadkari.

"In terms of Section 119 of the RP Act, the returned candidate is entitled to cost incurred by him in contesting the election petition. The costs be accordingly be paid to the returned candidate by adopting the course prescribed by Section 121 of the said Act," the judge ordered. 

With these observations, the court dismissed the petition. 

Appearance:

Suraj Mishra appeared as party-in-person.

Senior Advocate SV Manohar along with Advocate Atharva Manohar represented Nitin Gadkari.

Case Title: Suraj Mishra vs Chief Executive Officer (Election Petition 3 of 2024)

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