In a significant decision, the Madhya Pradesh High Court on Monday 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 has consequently declared Rawat the MLA from Sheopur, as he was on second position in the by-poll.
The court has granted Malhotra 15 days’ time to appeal in a higher court.
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 polls 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 lost to Malhotra in the by-election held in 2024.
Reacting to today’s court decision, MP Congress Chief Jitu Patwari said they would challenge the decision in the Supreme Court.