SC relief for Congress leader Mukesh Malhotra:Retains Vijaypur MLA seat as Supreme Court changes High Court’s order

The Supreme Court has delivered a major verdict in the ongoing legal dispute over the Vijaypur assembly seat in Madhya Pradesh. The court upheld Mukesh Malhotra’s membership while dismissing the Madhya Pradesh High Court order that had declared Ramnivas Rawat as the MLA. Senior advocate Vivek Tankha presented arguments on behalf of Mukesh Malhotra in the Supreme Court, after which the court granted relief to Malhotra. However, the court attached two important conditions to this relief. Supreme Court’s Two Main Conditions While the court has allowed Mukesh Malhotra to continue as an MLA, these restrictions will remain in place until the final verdict: No Voting Rights: Mukesh Malhotra cannot vote in any house proceedings for now. Salary Freeze: He will not receive any salary or allowances as an MLA until the court delivers its final judgment in this matter. Background of the Matter A petition was filed in the High Court regarding the results of the Vijaypur Assembly election. In its decision, the High Court had ordered that Ramnivas Rawat be declared the MLA. This declaration was challenged in the Supreme Court. Senior advocate Vivek Tankha stated that the next detailed hearing of this case will be held in July. 15-Day Window to Approach the Supreme Court As soon as the Gwalior bench of the High Court declared Mukesh Malhotra’s election void and named his nearest rival, Ramnivas Rawat, as the MLA, Malhotra filed an application in the High Court requesting time to appeal. Consequently, the High Court clarified in its order that Mukesh Malhotra had 15 days to knock on the Supreme Court’s door. Technically, this meant that Ramnivas Rawat could not be sworn in as an MLA for the following 15 days. Mukesh Malhotra needed to secure a ‘Stay Order’ from the Supreme Court by March 20 to save his legislative position. If the Supreme Court stays the High Court’s decision, Malhotra remains an MLA. Party Shifts for Both Candidates Former Minister of State and tribal leader Mukesh Malhotra joined Congress on May 2, 2024, taking up membership during Priyanka Gandhi’s election rally in Morena district. In the 2023 Assembly elections, Malhotra had contested as an independent candidate from the Vijaypur seat, receiving 45,000 votes with the support of the region’s tribal population. Mukesh has been active in Vijaypur politics for a long time. He was previously with the BJP, during which time the government appointed him as the chairman of the Sahariya Authority, granting him the status of Minister of State. After being denied a ticket for the assembly elections, he left the BJP before the 2023 polls. In the Vijaypur assembly constituency, there are more than 70,000 votes from the Sahariya tribal community. Congress fielded Mukesh as a candidate in the by-election with these tribal votes in mind.