SC stays HC order annulling bypoll win of MP Cong MLA

Bhopal: In a major relief to the Congress, the Supreme Court on Thursday stayed the ruling by the Gwalior bench of Madhya Pradesh high court annulling the 2024 bypoll win of party MLA Mukesh Malhotra. The HC invalidated the assembly bypoll outcome on a plea by Malhotra's closest BJP rival, Ram Niwas Rawat, claiming that the former did not disclose criminal cases against him in his election affidavit. Taking up the Congress's plea challenging the HC ruling, the apex court upheld the status of Malhotra as MLA from Vijaypur assembly constituency with two conditions: He would not be allowed to cast his ballot during the upcoming Rajya Sabha elections, not participate in voting in the assembly polls, not able to draw his salary and perks as a legislator or access funds under MLALADS (Member of Legislative Assembly Local Area Development Scheme). However, he will remain the Vijaypur MLA till the SC delivers its final verdict in the case. He can also attend assembly proceedings till the next hearing in the case on July 23. A first-time MLA, Malhotra had defeated former minister for forests and environment, Ram Niwas Rawat by a margin of 7,364 votes in the bypoll held in Nov 2024. Responding to a petition filed by Rawat, the HC Gwalior bench last week annulled the bypoll win of the Congress candidate citing non-disclosure of criminal cases against him during nomination filing. However, the principal opposition party in the state challenged the ruling in the apex court, where Malhotra was represented by lawyer and Congress Rajya Sabha MP Vivek Tankha and advocate Sameer Sodhi. "Till the next date of hearing, there shall be a conditional stay of the impugned judgement and order to the following extent: The appellant shall be entitled to participate in the proceedings of the legislative assembly," the SC ruled. Responding to the SC stay on the annulment of his bypoll win, the Congress MLA said, "Former minister Ram Niwas Rawat moved HC contending that I had not disclosed criminal cases registered against me (while filing nomination papers). But I did not hide any detail. I am satisfied with the (interim) order by the Supreme Court. I may not be able to access my MLALADS funds or draw my salary. But that doesn't make a difference to me, as I will continue to work for the development of my constituency and its people, regardless." Congress state president Jitu Patwari welcomed the apex court's intervention in the matter, claiming a "historic win of truth, justice, democracy and the constituency". Meanwhile, the governing BJP played down the ruling as an ‘interim' order. BJP state general secretary Bhagwandas Sabnani said, "We respect the apex court's order and will abide by it. But Mukesh Malhotra cannot vote in the Rajya Sabha election and will neither be able to draw his salary till the SC pronounces its final verdict. Let's wait for the final ruling."