SC stays HC order annulling Vijaypur MLA’s election

In a major political development, the Supreme Court on Thursday granted interim relief to Mukesh Malhotra, allowing him to continue as the Member of the Legislative Assembly from the Vijaypur constituency in Madhya Pradesh, while staying the earlier order of the High Court that had annulled his election.

The relief was granted by a bench comprising Justice JB Pardiwala and Justice KV Viswanathan, which put the High Court’s decision on hold and restored Malhotra’s position for the time being.

However, the court imposed certain restrictions, barring him from voting in Assembly proceedings, including the upcoming Rajya Sabha elections, and withholding his salary and official allowances until a final decision is reached.

The dispute traces back to the Vijaypur by-election held in November 2024, where Malhotra, contesting on a Congress ticket, defeated BJP candidate Ramniwas Rawat by a margin of over 7,000 votes. The result was subsequently challenged by Rawat before the Gwalior bench of the Madhya Pradesh High Court on the grounds that Malhotra had allegedly concealed details of criminal cases in his election affidavit.

After hearing the petition, the High Court annulled Malhotra’s election and declared Rawat as the elected representative, triggering a fresh political contest over the seat. Challenging this verdict, Malhotra approached the Supreme Court through senior advocate Vivek Tankha, seeking a stay on the order.

Taking note of the submissions, the top court stayed the High Court ruling, observing that the matter requires detailed examination. The interim arrangement allows Malhotra to retain his seat while limiting his legislative privileges, thereby maintaining a balance between judicial scrutiny and representation of the electorate.

Reacting to the development, Malhotra expressed satisfaction with the court’s decision, describing it as a victory for the people of Vijaypur. At the same time, he voiced concern over the suspension of financial entitlements, including development-related funds, stating that it could affect welfare activities in the constituency. He affirmed his commitment to continue raising public issues despite the restrictions.

The Vijaypur seat has emerged as politically significant in recent years, particularly due to its sizeable tribal voter base and shifting political loyalties. Both Malhotra and Rawat have changed party affiliations in the past, making the constituency a key battleground for the major political parties in the State.

The Supreme Court has scheduled the next hearing in the matter for July 23. The final verdict will determine whether Malhotra retains his seat or whether the High Court’s earlier ruling is upheld, potentially leading to another political shift in Vijaypur.