HC dismisses election petition against Cong MLA Eshwar Khandre

The High Court has dismissed the election petition challenging the election of Congress MLA from Bhalki constituency Eshwar Khandre.

Petitioner D K Sidram, who had contested as a candidate from BJP, had alleged corrupt practices that included the distribution of wall clocks and monies by and at the instance of Eshwara Khandre.

The petitioner alleged other corrupt practices, including the filing of false affidavits, improper acceptance of nomination papers. In addition to seeking invalidation of the election, he had sought an order that he be declared as having been duly elected. The petition had alleged that as the minister, Khandre had distributed a huge number of Hakku Patras (3000) under various schemes after the commencement of the election process.

However, counsel representing Khandre argued that as of March 28, 2018, when the Hakku Patras is said to have been distributed, Khandre was not a candidate.

Justice Krishna S Dixit noted that no material particulars of the persons, to whom money and goodies were distributed, are placed in the petition even by way of samples.

One of the contentions of the petitioner was that in the last one hour of polling, 30,000 electors have voted and this raises suspicion about the bogus voting. The advocate appearing for the petitioner argued that ‘abnormally high polling’ during the last one hour and enormous delay in transporting the Electronic Voting Machines (EVMs) raise a strong suspicion as to bogus voting and tampering of the EVMs to favour Khandre.

The court cited the Supreme Court order in Subranian Swamy v/s Election Commission of India (ECI) and said that allegations of tampering of EVMs cannot be lavishly made. In terms of this decision, the ECI has adopted VVPAT to the EVMs and thereby rendered them nearly untameable, the court observed. “In fact, an amendment has been effected to the Conduct of Election Rules, 1961 w.e.f. 14.8.2013 enabling the Commission to accomplish the direction in the case and accordingly, all necessary precautions have been taken,” the court said.

Watch the latest DH Videos here: