'Concealment Deprives Voters Of Informed Choice': MP High Court Refuses To Dismiss Plea Against Congress MLA For 'Hiding' 9 Criminal Cases

The Madhya Pradesh High Court has refused to dismiss an election petition filed by BJP leader Krishna Pati Tripathi against election of Congress' Abhay Kumar Mishra from Semariya constituency in Rewa, for prima facie concealing nine criminal cases against him.The bench of Justice Vinay Saraf observed,"Concealment and suppression of this nature deprive the voters to make an informed and advised choice as a consequence of which come within the compartment of direct or indirect interference or attempt to interfere in the exercise to go by the electorate on the part of the candidate". Tripathi who contested against Mishra had challenged the latter's election on the ground that he did not disclose several criminal cases registered against him. Further, it was alleged that Mishra did not disclose outstanding dues of over 50 Lakh to ICICI Bank, which Tripathi argued was mandatory under election rules. The BJP candidate also argued that while Mishra mentioned earning a salary from private companies, he failed to disclose the names of those companies, thereby withholding material information. Tripathi further alleged that Mishra had links to a company engaged in a government contract, which could attract disqualification under the rules. Mishra contested that he was acquitted in all the criminal cases and that no proceedings were ongoing at the time of the nomination. Further, regarding the loan, he argued that it was taken by a partnership firm and not by him personally. He further contended that he had already resigned from companies before filing his nomination papers.Additionally, he argued that Tripathi's plea was frivolous and politically motivated, lacking any real cause of action. He further filed an application under Order 7 Rule 11 of CPC seeking dismissal of the petition. The bench examined the scope of Order 7 Rule 11 CPC, observing that while considering the application for rejection of the plaint, only the averments in the plaint are to be examined, and the defence of the respondents is irrelevant at that stage. The bench, regarding the suppression and non-disclosure, reiterated that the voters had a right to know antecedents, including the criminal past of a candidate for membership of Parliament or Legislative Assembly. The bench emphasised that the disclosure of criminal antecedents and financial status is mandatory as per the amended provisions and precedents set by the Supreme Court. The Apex Court had highlighted that non-disclosure of evidence creates an impediment in the free exercise of the electoral right. The bench further held, "In the election petition, the election petitioner is required to assert about the cases in which the successful candidate is involved and how there has been non-disclosure in the affidavit. When that is established, it would amount to corrupt practice. It has to be determined in an election petition by the election tribunal. In the corrupt practice, the election tribunal or the High Court is bound to declare null and void, the election of the returned candidate". Therefore, the bench held that Tripathi's case prima facie discloses the cause of action and therefore was maintainable. Therefore, the court dismissed Mishra's application and granted him time to file a written statement. The matter is now listed for April 18.Case Title: Krishna Pati Tripathi v Abhay Kuamr Mishra [ELECTION PETITION No. 8 of 2024]For Petitioner: Senior Advocate R. K. Sanghi with Advocate Siddharth Kumar SharmaFor Respondent: Senior Advocate Sanjay Agrawal with Advocate Neerja Agrawal Click here to read/download the Order

'Concealment Deprives Voters Of Informed Choice': MP High Court Refuses To Dismiss Plea Against Congress MLA For 'Hiding' 9 Criminal Cases

Jayanti Pahwa

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