Gyani v. Shri R.K. Choudhary

Court No. - 8

Case :- ELECTION PETITION No. - 2 of 2024

Petitioner :- Gyani Respondent :- Shri R.K. Choudhary Counsel for Petitioner :- Hari Shankar Jain,Sri Shailendra Srivastava

Hon'ble Jaspreet Singh,J.

Heard Shri Vishnu Shankar Jain and Shri Shailendra Srivastava, learned counsel for the petitioner.

The instant election petition has been preferred under Section 81 of the Representation of the People Act, 1951 (for short, the Act of 1951) assailing the election of the returned candidate, the respondent, invoking Section 123(3) of the Act of 1951.

The submission of the learned counsel for the petitioner is that the respondent contested the Lok Sabha Election from Mohanlalganj Seat, where the voting was held on 20.05.2024 and he succeeded.

The further submission of the learned counsel for the petitioner is that the respondent being a candidate had violated the provisions of Section 123(3) of the Act of 1951 as such his election was embroiled with corrupt practice.

It is further urged that the term 'PDA' was coined by the Political Party with which the respondent was affiliated. There were certain interviews where the concept of 'PDA' was clearly elaborated and informed to the public at large not only by the candidate himself but even by Party head of the Samajwadi Party.