Justice Vivek Agarwal has dismissed the election petition filed by Jitendra Kumar Awasthi against Bargi MLA Sanjay Yadav. Justice Agarwal directed the parties to bear their own cost as incurred in election petition.

The election petition was filed by Awasthi being aggrieved of the action of authority in not permitting him to fill his nomination form for the State Assembly Election for the Constituent Assembly No. 96, Bargi Vidhan Sabha for which the voting took place in November 2018 and the results were declared on December 11, 2018 claiming that not permitting the election petitioner to contest the election in an arbitrary and illegal manner has rendered the election as void and, therefore, the election to the said Constituent Assembly No. 96 Bargi Vidhan Sabha be declared as void. Petitioner Jitendra Kumar Awasthi submitted that he had purchased nomination form after depositing a sum of Rs 10,000 prior to the last date of filling up of the nomination in 2018. Petitioner along with his proposer Pyare Lal Jadiya were present in the election room at about 2.55 pm i.e. prior to the notified timing of 3 pm.

At the time of his entering in the election room where the nomination forms were to be filled, Assistant Returning Officer, Preeti Nagendra after seeking all the papers of the petitioner had given him a Token Slip No. 4, which was an indication that the election petitioner is entitled to fill nomination form and had entered in the election room prior to the designated time. At about 3.04 pm, Returning Officer Rohit Singh on a dispute having arisen in regard to photograph of another prospective candidate Keertan Vyas with her counsel or representative had thrown that person out of the room and had threatened his subordinate officers.

The election petitioner was carrying a mobile phone in his hand. Returning Officer Rohit Singh thought that he was recording the proceedings, therefore, on such doubt, his mobile phone was taken and upon checking, it was returned to the petitioner and when the petitioner had made a request that he be not insulted, he was threatened and according to the election petitioner, the Returning Officer had said that he can even use force but without any provocation, the Returning Officer had thrown the election petitioner out of the election room without accepting his nomination form and that became the bone of contention for which the election petitioner had immediately informed the election supervisor and thereafter had given a complaint to the District Election Officer i.e. District Collector.

The election petitioner has filed an election petition in terms of the provisions as contained in Section 80 on the grounds enumerated in Section 100 of the Representation of the People Act, 1951. It is alleged that there is violation of the provisions as contained in Section 100(1)(c) of the Representation of the People’s Act, 1951, which is the foundation of this election petition, namely, any nomination has been improperly rejected.