Providing Incorrect Information On Nomination Papers Amounts To Corrupt Practice: MP High Court Sets Aside Election Of Panchayat Member

The Madhya Pradesh High Court has set aside the result of the Janpad Sadashya of Ward No.1, observing that furnishing incorrect information on nomination papers by the candidate amounts to a corrupt practice. 

The bench of Justice Vishal Mishra observed, 

"Furnishing of incorrect information in nomination paper will amount to corrupt practice. It is not a case wherein counting of votes cases material effect on the election. It is a case wherein incorrect information is furnished by the respondent No.1". 

The petition was filed challenging the order of July 29, 2024, passed by the State, whereby his election petition was dismissed. 

Per the petition, the State Government had issued a notification for the panchayat elections in the entire State in 2022, along with elections of Janpad Sadashya for Janpad Panchayat Rampur Naikin, District Sidhi. The petitioner, along with respondents 1 to 6, submitted their nomination forms. 

After due verification, the symbols were issued to all participants, and subsequently, the voting was conducted. After completion of the entire process, the election results were announced on July 14, 2022, whereby respondent no 1 was selected as the returned candidate receiving the highest votes and the petitioner recevied second highest votes. 

The petitioner subsequently filed an election petition before the State Government under Section 122 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam for the declaration of results for Ward no 1 to be void, claiming that respondent no 1 had furnished wrong information on his nomination form as well as in supporting affidavits. 

A reply was thereafter filed by the respondents denying all the petition averments and supporting the impugned order. It was contended that on the date of filing og nomination papers, all the criminal cases were concluded and were not in existence and therefore were not required to be mentioned in the nomination papers. Further, the respondents contended that the election petition was filed only after the petitioner lost in the election. Therefore, the election petition was filed with malafide intention. 

The bench noted that the petitioner failed to raise any objections at the time of scrutiny of the nomination papers. However, the bench also observed that respondent no 1 furnished false information in his affidavit with his nomination papers. 

After due consideration, the court noted, 

"If an incorrect information is submitted in the nomination form by a candidate, then the nomination form should have been rejected. The result of the election can be materially affected by improper acceptance of any nomination form or by non-compliance of provisions of the Act or Rule made thereunder. This aspect has been considered in the aforesaid cases". 

The court noted that the State, while deciding the election petition, observed that the same does not fall under the category of corrupt practice, and dismissed the election petition. The bench further emphasised that if the nomination papers of the respondent no 1 were not accepted and rejected on ground of furnishing incorrect information at the time of scrutiny of document, then the same has a binding effect on the election result and will materially affect the result of the elections. 

The bench further highlighted that furnishing incorrect information in nomination papers will amount to corrupt practices. 

The court therefore set aside the impugned order and quashed the result of the electio declaring the election of respondent no 1 as successful. 

Case Title: Rakesh Pandey v Rishiraj Mishra [WP No. 23715 of 2024]

For Petitioner: Advocate Swatantra Pandey

For Respondent no 1 to 6: Senior Advocate Sanjay K. Agrawal

For State: Government Advocate A.S. Baghel

Amicus Curiae: Advocate Siddharth Seth 

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