A petition filed by the Bahujan Samaj Party (BSP) candidate for Devtalab constituency, Jaiveer Singh, against the election of the sitting MLA of BJP of Devtalab Girish Gautam, was dismissed by the High Court of Jabalpur by its order dated 04-11-2019, against which the petitioner filed civil appeal 2322/2021 it was filed in the Supreme Court, to which the Chief Justice of the Supreme Court Justice NV Ramana, Justice AS Bopanna and Justice Hrishikesh Roy heard and passed the order on July 5, 2021 and dismissed the appeal.
It was alleged by the petitioner that Girish Gautam won the election by corrupt practices by colluding with the election officials, at his behest, the EVM was manipulated by the election officials and the guidelines were not followed by the Election Commission.
Advocate Prakash Upadhyay on behalf of Girish Gautam had raised the objection that the petition is not maintainable as the legal provisions have not been followed for the election petition.
It is not clear in the petition that the corrupt practices were committed by Gautam or his agent or any person on his support.
Further, contradictory statements have been made in the petition and the affidavit filed with the petition is not in accordance with law.
The High Court, after accepting the preliminary observation taken by Girish Gautam, dismissed the petition in the initial position, finding it not in accordance with the law.