Madhya Pradesh HC dismisses Congress MLA Abhay Kumar Mishra's plea to reject election petition against him

The Madhya Pradesh High Court recently dismissed an application filed by Congress MLA Abhay Kumar Mishra for the rejection of a petition challenging his 2023 election to the State assembly from the Semariya Vidhan Sabha Constituency [Krishna Pati Tripathi v Abhay Kumar Mishra]..Justice Vinay Saraf found there are specific allegations against Mishra of suppression of material information concerning criminal antecedents and outstanding liabilities.The Court concluded that there was a prima facie case to be heard on merits. "This is not a fit case to exercise the powers under Order 7 Rule 11(a) of the CPC to reject the election petition ... after examining the entire bundle of facts, which constitutes prima facie cause of action and which if established by the election petitioner would entail the relief claimed, it is held that the petition discloses the cause of action and is not vexatious petition and is not liable to be rejected at this stage," the Court said..The Bharatiya Janata Party (BJP) candidate Krishna Pati Tripathi who filed the election petition against Mishra has accused the Congress MLA of failing to disclose material information in an affidavit filed along with nomination papers. The Court found that some criminal cases had been registered against Mishra in the past, but that he had failed to declare them in information submitted at the time of his nomination, by marking “not applicable” in an affidavit. “The petitioner (Tripathi) averred in the petition that criminal cases were registered against the returned candidate in the past and the same were not disclosed by the returned candidate. To support his contention, the petitioner filed the list of the criminal cases obtained under RTI, which fortifies the allegation of the petitioner and therefore, after examining the pleadings and the documents in support of the pleadings, it prima facie discloses the cause of action,” the Court noted..The Court further observed that the disclosure of criminal antecedents and financial status in nomination papers is mandatory as per the law. The Supreme Court has held that non-disclosure of such information creates an impediment to the free exercise of electoral rights, it added.“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,” the High Court said, while summarising the apex court’s findings..Concluding that there was a prima facie case against Mishra, the Court held that the election petition against him can proceed further to trial. “Prima facie the said allegation constitutes a triable issue,” it said, while dismissing Mishra's plea to reject the election petition against him at a preliminary stage. Accordingly, the Court ordered that the election petition be listed for hearing after four weeks for further consideration.“Election petition was filed on 16.01.2024 and till today, written statement has not been filed by the respondent (Mishra). However considering the fact that application filed by the respondent for rejection of the plaint has been decided today itself, respondent is granted opportunity to file the reply within four weeks,” it said..Senior Advocate RK Sanghi with Advocate Siddharth Kumar Sharma represented Tripathi.Senior Advocate Sanjay Agrawal with Advocate Neerja Agrawal represented Mishra..[Read Order]