The Madhya Pradesh High Court nullified the election of Congress MLA Mukesh Malhotra after finding that he had failed to fully disclose criminal cases against him in the affidavit filed along with his nomination papers. The Court held that suppression or incomplete disclosure of criminal antecedents amounts to suppression of a material fact and can invalidate the election of a candidate. The Court further observed that such suppression interferes with the electorate’s ability to make an informed decision and therefore affects the free exercise of the right to vote.
The decision was delivered by Justice G. S. Ahluwalia while deciding an election petition filed by Ramniwas Rawat. Rawat had contested the by-election for Assembly Constituency No. 02, Vijaypur in Sheopur district and had challenged Malhotra’s election on the ground that the latter had not properly disclosed the criminal cases registered against him. Rawat sought a declaration that Malhotra’s election be declared void and that he himself be declared the duly elected candidate.
The by-election in the Vijaypur constituency took place after Rawat, who had been elected to the Madhya Pradesh Legislative Assembly on a Congress ticket in the 2023 general election, resigned from his seat and later joined the Bharatiya Janata Party. His resignation resulted in the vacancy of the Vijaypur Assembly seat, following which the Election Commission announced a by-poll. Voting for the by-election was conducted in November 2024 and the results were subsequently declared, in which Mukesh Malhotra of the Indian National Congress was declared the winning candidate.
The election petition filed by Rawat primarily alleged that Malhotra had failed to fully disclose his criminal antecedents in the affidavit required to be submitted in Form-26 along with the nomination papers. The petitioner contended that six criminal cases had been registered against Malhotra. However, in the affidavit submitted during the nomination process, Malhotra had only disclosed incomplete details about two pending criminal cases and had failed to mention four other cases altogether.
The Court examined the legal significance of disclosure of criminal antecedents in election affidavits. It observed that the requirement to disclose such information exists to ensure transparency in the electoral process and to enable voters to make an informed choice when casting their votes. The Court emphasized that voters have a right to know about the criminal background of candidates contesting elections, and any suppression or incomplete disclosure of such information directly affects the democratic process.
While analysing the issue, the Court also considered the stage of framing of charges in criminal proceedings. The Court observed that the stage of framing charges is not a mere formality. At that stage, the court applies its judicial mind to determine whether the material placed on record raises a grave suspicion that the accused may have committed an offence requiring a trial. For this purpose, the court examines the evidence and evaluates whether the case should proceed to trial.
The High Court noted that incomplete disclosure of criminal cases in the affidavit filed with nomination papers amounts to suppression of material information. The Court observed that the failure to provide complete information regarding the status or stage of pending criminal cases itself constitutes suppression of a material fact. According to the Court, such suppression can amount to a corrupt practice under the election law framework.
The Court further observed that the respondent candidate had failed to establish that the incorrect declaration regarding the status of criminal cases was a bona fide mistake. The Court concluded that the candidate had knowingly and deliberately suppressed material information relating to the framing of charges in criminal cases. This suppression, according to the Court, misled the electorate and interfered with the free exercise of the right to vote by preventing voters from having complete information about the candidate’s background.
The judgment emphasized that the concealment of criminal antecedents prevents voters from making a fully informed electoral decision. The Court stated that the right of voters to know the criminal background of candidates is an essential component of the democratic process. If such information is withheld or incompletely disclosed, the electoral process itself is compromised.
After examining the facts and the evidence presented before it, the Court concluded that the non-disclosure and incomplete disclosure of criminal cases by Mukesh Malhotra constituted suppression of material facts. As a result, the Court held that the election of the respondent candidate could not be sustained in law.
Consequently, the High Court declared the election of Mukesh Malhotra from the Vijaypur Assembly constituency to be void. The Court also examined the voting results and found that Ramniwas Rawat had secured the second highest number of votes in the by-election. In view of this, the Court declared Rawat as the duly elected Member of the Legislative Assembly from the Vijaypur constituency.
The decision effectively replaced the previously declared result of the by-election and resulted in Rawat being declared the elected representative for the constituency. The judgment reaffirmed the principle that full and accurate disclosure of criminal antecedents by electoral candidates is essential to maintaining transparency and integrity in the democratic process. The Court reiterated that suppression of such material information can invalidate an election because it deprives voters of their right to make an informed choice and interferes with the free exercise of electoral rights.
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