The Punjab and Haryana High Court has delivered a significant ruling in an election petition case involving Haryana's Sports Minister Gaurav Gautam. On Friday, the court refused to dismiss the petition filed against the Palwal MLA, clearing the way for a full trial regarding allegations of corrupt practices during the 2024 assembly elections.
Court Rejects Minister's Plea
Justice Archana Puri dismissed an application filed by Minister Gautam that sought the rejection of the election petition. The petition was originally filed by Congress party candidate Karan Singh Dalal, who lost to Gautam in the Palwal Assembly constituency elections.
The court held that the allegations of corrupt practices under the Representation of the People Act warrant a complete trial. Justice Puri observed that the petition contains sufficient material facts and cannot be thrown out for lack of cause of action.
Details of the Allegations
In the 2024 Haryana Assembly elections, Gaurav Gautam contested as a BJP candidate and won with 1,09,118 votes, defeating Congress candidate Karan Singh Dalal by a margin of 33,605 votes. Following his defeat, Dalal challenged Gautam's victory, alleging multiple corrupt practices.
The allegations include appealing for votes in the name of religion, misuse of religious events during the campaign period, and exerting undue influence on voters. Dalal has also sought Gautam's disqualification for six years if the allegations are proven.
Key Evidence and Court Observations
The High Court specifically noted that the petition contains material particulars essential to establish corrupt practice, coupled with video recordings submitted in a pen drive. These elements were deemed sufficient to proceed with a trial.
Justice Puri observed that the allegations relate to Gautam's participation in religious gatherings such as 'bhagwat katha' and 'khatu shyam gathering' soon before polling. The court emphasized that the context and impact of using terms like 'Sanatan' and 'Hindutva' during these events need to be established through evidence during the trial.
The judge stated that whether these activities amount to corrupt practice under Section 123(3) of the RP Act can only be determined after proper evidence is presented. Therefore, the version put forth in the election petition should not be shut out at this preliminary stage.
Legal Arguments and Outcome
During the hearing, Gautam's legal team argued that Dalal's petition lacked material facts required under Section 83 of the RP Act. They contended that the allegations were vague, particularly those involving the use of religious terms, and that such usage couldn't constitute corrupt practices without specific factual details.
However, Dalal's counsel successfully argued that the events were organized or attended by Gautam, and the speeches amounted to appeals based on religion, which constitute corrupt practices under Section 123(3) of the RP Act.
The court's decision marks a significant development in the case, ensuring that the allegations will be thoroughly examined through a proper legal process. The ruling emphasizes that election petitions containing substantial allegations must be given due consideration through trial rather than being dismissed at preliminary stages.
