HC refuses to junk petition against Palwal MLA Gaurav Gautam

The Punjab and Haryana High Court today paved the way for the election petition against MLA Gaurav Gautam’s win from Palwal-84 to proceed by dismissing his plea to have the case thrown out. Justice Archana Puri made it clear that the allegations of corrupt practice raised by rival candidate Karan Singh Dalal must be tested through evidence.

Dalal has sought the setting aside of Gautam’s election and his disqualification for six years under Section 8-A of the Representation of the People Act, asserting that Gautam indulged in corrupt practices during the October 2024 Assembly polls. Gautam was declared elected with 1,09,118 votes against Dalal’s 75,513.

Appearing for Dalal, senior counsel Mohan Jain contended that the use of the word 'Hindutva' in Gautam’s speech at a particular “time, place and occasion” amounted to an appeal on religious grounds and, at the minimum, warranted the recording of evidence. He argued that the context in which the words were used required full appraisal during trial.

Gautam’s counsel, on the other hand, contended that “merely uttering a sentence referring to ‘Sanatan’ or ‘Hindutva’ did not amount to corrupt practice”. Dismissing Gautam’s application seeking rejection of the election petition under Order 7 Rule 11 of the CPC, Justice Puri concluded that the pleadings disclosed material facts sufficient to constitute a cause of action.

“Suffice to consider that at this stage, in view of the contents of the petition, it cannot be concluded about lack of material facts, leading to lack of cause of action. Precisely, on this account, it is not a fit case for invoking the powers conferred under Order 7 Rule 11 CPC and hence, the application is hereby dismissed,” the court ruled.

The Bench said much emphasis had been laid on the use of ‘Sanatan’ and reference to ‘Hindutva’ by the applicant-returned candidate, as evident in the videos stored in a pen-drive. “The version/counter version, vis-a-vis the recordings as taken in the pen-drive cannot be adjudicated, at this stage at the threshold. The allegations in the election petition relate to the participation of applicant-returned candidate, soon before the polling, in the religious gatherings such as ‘Bhagwat katha’ and ‘Khatu Shyam gathering’. However, this participation, the manner, the timing, the gathering and the address made to seek votes and the impact of the same, has to be understood, vis-a-vis, the use of ‘Sanatan’/‘Hindutva’. Use of the same, can only be established in this context in which it has been used, while leading evidence and only thereafter, it can be adjudicated, whether it amounts to corrupt practice under Section 123 (3) of the RP Act, under the garb of religion or not,” the court said.