MP High Court Stays Operation Of Its Judgment Setting Aside MLA Mukesh Malhotra's Election For 15 Days To Allow Him To Approach SC
The Madhya Pradesh High Court has recently granted interim relief by staying the operation of its own judgment that had earlier declared the election of Mukesh Malhotra, MLA from Vijaypur Assembly Constituency in Sheopur District, null and void and had declared the election petitioner Ramniwas Rawar as elected Representative.Justice GS Ahluwalia concurred with the submission of Mukesh...
The Madhya Pradesh High Court has recently granted interim relief by staying the operation of its own judgment that had earlier declared the election of Mukesh Malhotra, MLA from Vijaypur Assembly Constituency in Sheopur District, null and void and had declared the election petitioner Ramniwas Rawar as elected Representative.
Justice GS Ahluwalia concurred with the submission of Mukesh Malhotra that the effect and operation of the judgment, if not stated, would cause irreparable harm to him and thus preserved,
"the prayer for grant of stay for a period of 15 days on the effect and operation of the judgment will serve the justice so as to enable respondent No. 1/Mukesh Malhotra, to obtain a stay order from the Supreme Court".
Earlier, the High Court had delivered a separate judgment in the election petition filed by Rawat challenging the victory of Malhotra from Assembly Constituency no. 2, Vijaypur in Sheopur District. The court set aside Malhotra's election and declared Rawat as the duly elected MLA from the constituency.
Following this judgment, Malhotra moved an application seeking temporary suspension of the order to allow him to approach the Supreme Court.
The counsel for Malhotra argued that if the effect of the judgment was not stayed, he would have to vacate the MLA seat immediately, which would have wider implications for the constituency and would cause him irreparable loss. The counsel requested the court to stay the order for 15 days so that Malhotra could seek relief from the Supreme Court.
After hearing bothsides, the bench observed that without a stay, Malhotra would suffer irreparable losses and thus directed;
"Accordingly, I.A. No. 2258/2026 is allowed, and it is directed that the effect and operation of the judgment passed today in Election Petition No.24/2024 shall remain stayed for a period of 15 days so as to enable respondent No.1/Mukesh Malhotra, to obtain an interim order from the Supreme Court".
The case was thus disposed of.
Case Title: Ramniwas Rawat v Mukesh Mahotra [EP-24-2024]
For Petitioner: Senior Advocate M.P.S. Raghuvanshi with Advocate Sanjay Dwivedi
For Respondent: Advocate Pratip Visoriya