Bhopal: A day after the Gwalior bench of MP high court annulled the by-election win of Congress MLA Mukesh Malhotra for allegedly concealing the criminal cases filed against him while his nomination papers, the party's state chief Jitu Patwari said it would move the Supreme Court challenging the ruling.
The annulment of the outcome of the November 2024 Vijaypur assembly bypoll saw Malhotra prevail over his closest rival, the BJP's Ram Niwas Rawat, by 7,364 votes. The ruling automatically installed Rawat as the new legislator from the constituency.
Taking up a petition filed by the BJP leader, alleging that he did not disclose the criminal cases registered against him in his affidavit and nomination papers, the HC Gwalior bench, on Monday, set aside the electoral victory of the Congress MLA.
The ruling came as a big jolt to the Congress, reducing its strength in the Assembly to 62.
Speaking to reporters on Tuesday, Patwari said, "We have decided to move the Supreme Court challenging the (high court's) decision to annul Mukesh Malhotra's by-election win. Senior advocate and Rajya Sabha MP Vivek Tankha will argue our case in the SC."
Patwari said he had full faith in the country's judicial system, adding that Malhotra will be reinstated as an MLA with the support and blessings of the people.
"The people (of Vijay assembly constituency) were taken aback by the court ruling," Patwari said, claiming that the lone criminal case that Malhotra did not declare in his electoral affidavit was registered after an altercation. "It wasn't a grave crime, which could have changed the outcome of the poll if he had mentioned it," the Congress state chief added.
Claiming that the matter has brought the BJP's "chaal, charitra aur chehra (ploys, character and face) to the fore, he said, "Such is the BJP's mindset that it is questioning how a tribal MLA from Vijaypur was elected to the assembly from a general seat. The court ruling is not only injustice meted out to Mukesh Malhotra, but a direct attack on the voters of Vijaypur."
Meanwhile, leader of Opposition Umang Singhar said there are numerous instances of such rulings being reversed by the apex court. "Be it the district court or Supreme Court, everyone has a right to seek justice. The doors of the apex court are open for Mukesh Malhotra, and we will pursue justice after seeking legal advice. There are numerous examples where such decisions by lower courts were overturned," Singhar said.