Punjab and Haryana High CourtThe Punjab and Haryana High Court has dismissed a petition challenging the 2019 election of Krishan Lal Midda to the Haryana Vidhan Sabha. The petitioner, Master Ramesh Khatri, challenged the election on various grounds, including corrupt practices.
Advocate Dheeraj Jain, counsel for the BJP MLA, had filed an application seeking the dismissal of the petition on the ground that it does not disclose any cause of action, and that the averments made in the election petition do not make out any case against the returned candidate from the Jind constituency.
Advocate Dixit Khatri counsel for the petitioner argued that the petition did not suffer from any infirmity and that the petition should be put on trial. He had submitted that the election petition provides a sufficient cause of action and makes out a case.
The Bench of Justice GS Sandhawalia, hearing the matter, held, “this Court is of the opinion that the present election petition is an abuse of the process of the Court and only an attempt to harass the elected person and in such circumstances while exercising the powers under Order-VII Rule 16(C) and Order-VII Rule-11, Civil Miscellaneous is allowed and the main petition is rejected”.