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‘Plea raises issues requiring adjudication’: HC refuses to reject election petition against Haryana minister Vipul Goel

The matter has now been listed for further hearing on May 29.

Vipul goel;Court found plea raises issues requiring adjudication, dismissing Vipul Goel's application.

The Punjab and Haryana High Court has dismissed an application filed by Haryana Cabinet minister and Faridabad MLA Vipul Goel, seeking rejection of an election petition challenging his victory in the 2024 Assembly election.

“The plea raises issues requiring adjudication and cannot be rejected at the threshold,” noted a single bench of Justice Vikas Suri, hearing an application under Order VII Rule 11 of the Code of Civil Procedure (CrPC) filed by Goel in the election petition instituted by Lakhan Kumar Singla.

Singla’s petition challenges the result of the Faridabad Assembly constituency election on grounds of alleged corrupt practices under Section 123(3) of the Representation of the People Act, 1951, and also raises the issue of variations in the battery percentage levels of Electronic Voting Machines (EVMs) during the counting.

Dismissing the minister’s application, the court said, “…the election petition cannot be rejected at the threshold and particularly, on the premise that the cause of action for one of the grounds raised in the election petition, is not made out…”

Senior advocate M L Sarin, appearing for the returned candidate, argued, “There are no averments containing any specific details of any corrupt practices alleged in the election petition, and the said pleadings are vague and of a general nature.

“Also, no cause of action was made out and that the petitioner had failed to demonstrate how the alleged acts materially affected the outcome of the election, as required under Section 100(1)(d) of the Act.”

On the allegations about EVM battery levels, the respondent argued that the claim was based on “a technical misunderstanding and vague speculation” and that the election petitioner had not pleaded any material fact to show how the difference in battery level affected the accuracy or integrity of EVMs.

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The respondent argued that Ganesh Mahotsav, referred to in the election petition, had been organised on September 7, 2024, while nomination papers were filed on September 9, 2024.

Referring to Section 79(b) of the Representation of the People Act, the counsel contended that Goel “was not even a candidate on September 7, 2024, therefore, the question of exercising any influence on the voters in the name of religion does not arise, and the said ground cannot be applied against the applicant”.

Opposing the plea, senior advocate Mohan Jain, appearing for election petitioner Singla, argued that the application was “misconceived” and that “there exists no ground for the returned candidate to seek rejection of the present election petition”.

The counsel submitted that the petition specifically pleaded that the returned candidate “indulged in corrupt practices under Section 123(3) of the Act by seeking votes in the name of religion” and that details, including “date, venue, etc., have also been clearly mentioned therein”.

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It was further argued on behalf of the petitioner that “there is no statutory bar on maintainability of an election petition alleging corrupt practices if it is filed within limitation and complies with the provisions of the Act and the rules framed thereunder”.

Singla’s counsel also argued that the allegations raised in the election petition warrant a full-fledged trial and that the “issues relating to corrupt practices can be determined only after examining oral and documentary evidence”.

After hearing both sides, the court noted that the election petition contains averments that during the counting of votes on October 8, 2024, the petitioner had raised an oral complaint before the Returning Officer about differences in EVM battery levels and the resultant effect thereof.

Justice Suri noted that the petitioner had also referred to a letter written on October 9, 2024, to the Deputy Commissioner, Faridabad, and a plea seeking recounting of votes on account of unexplained variations in the battery level of EVMs.

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The court observed that the aspect relating to EVM battery variations “would be a matter of trial and can only be proved by leading cogent evidence”.

The matter has now been listed for further hearing on May 29.

Jagpreet Singh Sandhu is a Senior Correspondent at The Indian Express, based in Chandigarh. He is a veteran reporter with over a decade of experience, specializing in legal, crime, and environmental reporting across the tri-city area (Chandigarh, Mohali, and Panchkula). Professional Background Core Beat: He primarily covers the Punjab and Haryana High Court, District Courts, CBI Courts, and Consumer Commissions. His legal reporting is known for breaking down complex judgments and tracking long-standing criminal cases. Environmental Reporting: Jagpreet has become a key voice in reporting on the deteriorating air quality and weather patterns in the Punjab-Haryana region. Crime & Technology: He frequently reports on cybercrime, digital arrest scams, and the intersection of technology and law enforcement, such as the development of citizen-centric policing apps. Recent Notable Articles (Late 2025) His late 2025 coverage has focused on significant judicial verdicts, major financial scams, and public health concerns: 1. Legal & CBI Court Verdicts "12 years on, CBI court acquits Haryana judge, parents in wife’s death case" (Dec 17, 2025): Detailed coverage of the acquittal of a judicial officer in a high-profile dowry death case from 2013. "‘Wicked & evil mind’: Court gives man 30-year term for kidnapping, sexually assaulting 8-year-old" (Dec 16, 2025): A report on a stern judgment from a Chandigarh district court in a POCSO case. "Man acquitted in rape case after victim found ‘very happy’ in wedding reception" (Dec 9, 2025): Covering a unique legal observation regarding consensual relationships and age verification. 2. Investigative & Scams "CBI registers FIR in Rs 1.14-cr Patient Welfare Grant scam at PGIMER" (Dec 19, 2025): An exposé on how funds meant for poor patients were siphoned off through forged documents and a photocopy shop inside the PGIMER campus. "Month-long torture, Rs 85 lakh transfers: How ‘Innocence Certificate’ led to a ‘digital arrest’ of an elderly couple" (Dec 12, 2025): Detailing a sophisticated cyber fraud targeting senior citizens in Chandigarh. 3. Environment & Public Safety "Panchkula air turns ‘very poor’, fourth worst in country" (Dec 22, 2025): Reporting on the sudden spike in pollution levels in Panchkula compared to neighbouring cities. "Soon, you can snap that overspeeding car, and report to Chandigarh Police" (Dec 16, 2025): Breaking news on a new mobile application being developed to allow citizens to report traffic violations via geo-tagged photos. 4. Gangster Culture & Crime "City Beautiful in the crosshairs of gangsters" (Dec 14, 2025): A feature analysis of how Chandigarh has increasingly become a staging ground for extortion and rivalries between gangster modules. "Shooters wanted for Parry murder held by Delhi Police Special Cell" (Dec 18, 2025): Following the developments in a high-profile murder case in Chandigarh’s Sector 26. Signature Style Jagpreet is recognized for his tenacious follow-up on cold cases and his ability to report on courtroom drama with a focus on victim rights. His work often highlights administrative lapses, whether in the handling of patient welfare funds or the enforcement of environmental standards. ... Read More

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