Madhya Pradesh High Court
Ramniwas Rawat vs Mukesh Malhotra on 31 July, 2025
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 EP-24-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
EP No. 24 of 2024
(RAMNIWAS RAWAT Vs MUKESH MALHOTRA AND OTHERS )
Dated : 31-07-2025
Mr. M.P.S. Raghuvanshi - Senior counsel with Mr. Bal Krishna
Sharma and Mr. Sankalp Sharma - Advocate for petitioner.
Mr. Pratip Visoriya - Advocate for respondent No. 1.
Mr. Navnidhi Parharya - Advocate for respondent No. 4.
Mr. Ravindra Sharma Advocate for the respondents No. 2,3,5,6,7,8
and 9.
I.A. No. 5830 of 2025 which is an application filed by the election
petitioner for the requisition of original records from the trial Courts. These
records pertain to the following cases:
(i) File No. 972/2020 and File No. 1051/2023, which are pending in
the Court of JMFC, Sheopur;
(ii) Case No. 601022/2014, decided by CJM, Sheopur, vide judgment
dated 28.02.2020;
(iii) File No. 1407 of 2011, decided by JMFC, Sheopur;
(iv) File No. 157 of 2013, decided by JMFC, Sheopur;
(v) RCT No. 546/2021, decided by JMFC, Sheopur.
2. Since Case No. 601022 of 2014, File No. 1407 of 2011, File No.
157 of 2013, and RCT No. 546 of 2021 have already been disposed of,
therefore, the Office is directed to requisition the original records of the
aforesaid cases.
2 EP-24-2024
3. So far as the records of File No. 972/2020 and File No. 1051/2023,
which are pending in the Court of JMFC, Sheopur, are concerned, since
those trials are pending, therefore it would not be appropriate for this Court
to requisition the original records of these cases.
4. However, the election petitioner can file the certified copies of the
complete records of File No. 972/2020 and File No. 1051/2023.
5. With aforesaid observations, I.A. No. 5830 of 2025 is finally
disposed off.
6. I.A. No. 5826 of 2025, an application for framing additional issues.
7. After arguing the matter, counsel for respondent No. 1 seeks
permission to this Court to withdraw this application.
8. Accordingly, this application is dismissed as withdrawn .
9. Also heard on 5811 of 2025. This application has been filed for
requisitioning the following documents:-
"a. Collector cum Returning Officer Sheopur:- Handbook of
Returning Officer, 2023.
b. Chief Editor of Dainik Acharan, Gwalior :- Newspaper Dainik
Acharan dt. 06/11/2024, 07/11/2024, 08.11.2024.
c. Chief Editor of Dainik Nav Bharat, Gwalior :- Newspaper
Dainik Nav Bharat dt.06/11/2024, 07/11/2024, 08/11/2024.
e. Chief Editor of Dainik Pradesh Watch, Bhopal :-Newspaper
Dainik Pradesh Watch dt.07/11/2024, 11/11/2024.
f. Chief Editor of Express News, Bhopal:- Newspaper Express
News dt.09/11/2024, 11/11/2024.
g. Chief Reporter of News 24, Bhopal:- Clipping of publication of
criminal record in News 24."
10. So far as the handbook of Returning Officer is concerned, the
returning candidate has already filed the downloaded copy.
11. In order to avoid any technicality, the Office is directed to
3 EP-24-2024
requisition the original copy of the Handbook of Returning Officer, 2023,
from the Office of Collector-cum-Returning Officer, Sheopur.
12. So far as the documents mentioned in Serial Nos. b to g are
concerned, this Court is of the considered opinion that they are not necessary
documents, and in case the Returned Candidate wants to prove any such
documents, he can examine a witness for the same.
13. Since the contesting parties have given a lengthy list of witnesses,
list this case on 05.08.2025 to consider the relevance of the witnesses who
have been mentioned by the respective parties in their list of witnesses.
(G. S. AHLUWALIA)
JUDGE
(LJ*)
