HC rejects MLA Devendra Yadav’s plea, orders full trial in Bhilai Nagar election challenge

The Chhattisgarh High Court has rejected an application filed by Congress MLA Devendra Yadav that sought to decide the election petition challenging his victory from the Bhilai Nagar constituency on preliminary issues.

Justice Rakesh Mohan Pandey dismissed the application on June 30, stating that the issues raised involve mixed questions of law and fact that can only be adjudicated after a full trial and the recording of evidence.Former minister and Assembly speaker Prem Prakash Pandey filed the election petition challenging Yadav’s election from the Bhilai Nagar constituency during the state assembly polls in 2023. The petitioner alleged that Yadav failed to furnish statutory information regarding his social media accounts, income, assets, and pending criminal cases, which improperly influenced the election outcome.Yadav filed an application under Order XIV Rule 2 of the Code of Civil Procedure, requesting the court to decide the issues related to the disclosure of information and the maintainability of the petition as preliminary issues. His counsel argued that deciding these matters first would save judicial time and eliminate the need to examine witnesses.The petitioner’s counsel argued that the allegations had been denied in their entirety, creating a clear dispute of facts.

They contended that whether Yadav’s conduct constituted an electoral offence or a corrupt practice could only be determined after a full trial.The court noted that preliminary issues under the law are strictly confined to pure questions of law, such as court jurisdiction or a statutory bar on the lawsuit, where no evidence is required. Justice Pandey observed that the questions in this case require an appreciation of both oral and documentary evidence, meaning they cannot be decided prematurely.Following the court’s order, the election petition challenging the election of Devendra Yadav will now proceed to regular hearing. The case relates to the 2023 Chhattisgarh Assembly elections, in which the Congress candidate defeated senior BJP leader Prem Prakash Pandey from the Bhilai Nagar constituency.After the results were declared, Pandey moved the High Court seeking to set aside Yadav’s election. The petition alleged that Yadav failed to disclose material information regarding pending criminal cases in the affidavit filed with his nomination papers and also concealed details of his assets. According to the petitioner, suppression of mandatory disclosures before the Election Commission violates the provisions of the Representation of the People Act, 1951.On this basis, the petitioner has sought annulment of Yadav’s election, contending that non-disclosure of essential information renders his election legally unsustainable.