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This is an archive article published on December 8, 2022

Madhya Pradesh HC declares 2018 Khargapur Assembly election void

Lodhi is the nephew of former Madhya Pradesh chief minister Uma Bharti.

A single-judge bench of Justice Nandita Dubey said, “Clearly there is a failure of duty and violation of statutory provision in terms of section 134 of the Act of 1951 by the Returning Officer, who went out of her way to accept the nomination papers to favour Rahul Singh Lodhi.”A single-judge bench of Justice Nandita Dubey said, “Clearly there is a failure of duty and violation of statutory provision in terms of section 134 of the Act of 1951 by the Returning Officer, who went out of her way to accept the nomination papers to favour Rahul Singh Lodhi.”
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Madhya Pradesh HC declares 2018 Khargapur Assembly election void
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The Madhya Pradesh High Court on Wednesday set aside the 2018 election of MLA Rahul Singh Lodhi who had won the Khargapur seat in Tikamgarh district as a BJP candidate, calling it “void” over improper filing of nomination papers. Lodhi is the nephew of former Madhya Pradesh chief minister Uma Bharti.

A single-judge bench of Justice Nandita Dubey said, “Clearly there is a failure of duty and violation of statutory provision in terms of section 134 of the Act of 1951 by the Returning Officer, who went out of her way to accept the nomination papers to favour Rahul Singh Lodhi.”

The order further said that “he [Lodhi] must not be allowed any benefits of this election”. “For non-compliance and violation of the procedure and rules, strict action must be taken against the Returning Officer and in future she must not be assigned any duty of similar nature,” the court said, while putting the order copy before the state election commission and Election Commission of India.

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Lodhi had defeated Congress’s Chanda Singh Gaur from Khargapur by over 11,000 votes in 2018. The court passed the judgment while hearing a petition from Gaur, who stated that Lodhi had submitted two sets of nomination forms with different information regarding his status as a partner in RS Construction that had a contract with Madhya Pradesh Rural Road Development Authority (MPRRDA). This, Gaur said in his petition, affected the election outcome.

Gaur also stated that Lodhi had suppressed information in his nomination paper regarding the fact that the High Court had imposed Rs 10,000 fine on the latter in 2014, which he was supposed to pay to him (Gaur). But Lodhi failed to pay him the amount, Gaur had stated.

Lodhi, however, refuted both the charges, claiming that he had asked Gaur to take the amount on multiple occasions but the latter refused the money “in good faith”. On his partnership with the firm that had a contract with MPRRDA, Lodhi said he realised his mistake and gave up the partnership. The information was published in a gazette notification and then submitted another set of nomination along with an affidavit within the stipulated time, Lodhi had said.

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