The Supreme Court on Thursday accorded an interim relief to Congress MLA from Vijaypur seat of the Sheopur district in Madhya Pradesh, Mukesh Malhotra, by settling aside the MP High Court’s recent decision that had declared Malhotra’s victory and MLA status void.
As per media reports, a division bench of Justice J B Pardhiwala and Justice K V Vishwanathan of the the apex Court allowed Malhotra to remain the MLA from the constituency.
The Court, however imposed certain conditions till a final verdict in the matter. As per the conditions, Malhotra would neither get any salary nor would he have voting rights in this interim period. As a result, Malhotra would not be able to vote in the upcoming Rajya Sabha polls in Madhya Pradesh.
According to Malhotra’s lawyer, Vivek Tankha, the next hearing in the matter is scheduled on 23 July.
Madhya Pradesh Congress Chief Jitu Patwari hailed the Supreme Court’s relief to Congress MLA Mukesh Malhotra as a victory of truth, and thanked the Apex Court.
“This is a victory of truth, justice, democracy, and constitution. This is a victory for the people,” Patwari emphasised.
“The BJP’s political conspiracies have been foiled through this historic decision of the Supreme Court,” Patwari noted.
“It is hoped that the BJP, which is habitual of insulting the democracy and constitution, has been taught a good legal lesson,” Patwari stated.
On 9 March, the Madhya Pradesh High Court had declared void the 2024 by-poll win of Congress MLA Mukesh Malhotra from the Vijaypur Assembly seat of Sheopur district.
The decision was announced by the Gwalior Bench of the High Court while hearing a petition submitted by loosing BJP candidate and former minister Ram Niwas Rawat.
In his petition, Rawat had alleged that Malhotra deliberately provided false information in his election affidavit and mentioned only two criminal cases against him, whereas six criminal cases are registered against him.
According to Rawat’s advocate M P S Raghuvanshi, the bench of Justice G S Ahluwalia found the complaint valid, and cancelled Malhotra’s MLA win. Raghuvanshi added that the court consequently declared Rawat the MLA from Sheopur, as he was on second position in the by-poll.
The court had granted Malhotra 15 days’ time to appeal in a higher court. Malhotra had lodged his appeal in the Supreme Court, following which the Apex Court gave its decision in his favour on 19 March.
Interestingly, Mukesh Malhotra was in the BJP till 2023, but joined the Congress in 2024 after he was disgruntled with the saffron party for not giving him a ticket in the 2023 State Assembly polls.
Similarly, Rawat had resigned from the Congress, and joined the BJP, despite winning the 2023 Assembly poll on a Congress ticket.
MP CM Dr Mohan Yadav had subsequently appointed Rawat the State’s forest minister. However, as per electoral rules, Rawat had to contest a by-poll, and secure victory in it to continue being a BJP MLA, and retain his ministerial post.
But he suffered a setback defeat as a minister to Malhotra in the by-election held in 2024.