9 months ago
HC Allows Poll Challenge Against Haryana BJP MLA
A court in Punjab and Haryana decided that a challenge to a politician's election win can go forward.
The challenger, Karan Singh Dalal, says the winner, Gaurav Gautam, asked for votes by talking about religion at events before the election.
The court said the claims are detailed enough to be tested in a trial.
Gautam's team said the claims are vague, but the court disagreed.
The main trial will decide if Gautam's actions were against election rules.
The election happened in October 2024, and Gautam won by a big margin.
Punjab and Haryana High Court dismissed BJP MLA Gaurav Gautam's plea to reject an election petition challenging his victory.
The petition by Karan Singh Dalal alleges corrupt practices using religion during events before the October 5, 2024, polling.
Justice Archana Puri ruled that the allegations were detailed enough to proceed to trial, noting the context of speeches at religious events.
Dalal's petition includes videos from Gautam's social media pages showing him appealing for votes at religious gatherings.
Gautam's counsel argued the claims were vague and lacked material facts, but the court found the petition met the basic requirements.
- Who
- Karan Singh Dalal (petitioner) and Gaurav Gautam (respondent)
- What
- Election petition challenging Gautam's victory on grounds of corrupt practices using religion
- Where
- Punjab and Haryana High Court
- When
- Hearing on October 2024, decision on October 2024
- Why
- Allegations of appealing to voters on religious grounds during events
Key facts
- Petitioner
- Karan Singh Dalal
- Respondent
- Gaurav Gautam
- Election Date
- October 5, 2024
- Votes Received by Gautam
- 1,09,118
- Votes Received by Dalal
- 75,513
- Margin of Victory
- 33,605 votes
- Court
- Punjab and Haryana High Court
- Judge
- Justice Archana Puri
Quotes
Justice Archana Puri
Justice of the Punjab and Haryana High Court
“Close perusal of the election petition reveals about the mention made about the place, where the religious gathering, as asserted, had taken place and the participation of the applicant-returned candidate. Reliance is also placed upon the videos recorded in the pen-drive, about the manner, in which the applicant had pleaded to the voters to vote for him.”
indianexpress.com
“Use of the same, can only be established in this context, in which it has been used, while leading evidence and only thereafter, it can be adjudicated, whether it amounts to corrupt practice under Section 123(3) of the RP Act.”
indianexpress.com
Sources
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