Jaipur: The Rajasthan High Court has dismissed an election petition seeking to set aside the election of Independent Bayana MLA Ritu Banawat, holding that the allegations raised were not sufficient to invalidate the electoral mandate.
The court also imposed a cost of ₹1 lakh on Banawat for allegedly attempting to evade service of court summons. The order was passed by Justice Sudesh Bansal on a petition filed by Purushottam Lal, a candidate from the Bayana Assembly constituency in the 2023 Rajasthan Assembly elections.
Court Pulls Up MLA Over Summons Evasion
The High Court expressed strong displeasure over Banawat’s conduct during the proceedings, observing that she had “deliberately and consciously” adopted various methods to avoid receiving court summons.
According to the court, repeated attempts to serve notice were unsuccessful, after which alternative service was effected through the Secretary of the Rajasthan Legislative Assembly.
Taking serious note of the conduct, the court imposed a penalty of ₹1 lakh on the MLA.
Allegations in Election Petition
The election petition had alleged that Banawat failed to disclose complete and accurate information regarding her assets and liabilities while filing her nomination papers for the 2023 Assembly elections.
The petitioner argued that the alleged omissions amounted to corrupt practice under election law and warranted cancellation of her election. It was also noted that Purushottam Lal secured 689 votes, while Banawat won the seat by over one lakh votes.
MLA’s Defence
Appearing for Banawat, Senior Advocate R.N. Mathur argued that all material disclosures required under law were duly made. He submitted that there was no requirement to disclose a bank account opened exclusively for election expenses and that agricultural income cited in the petition was legally valid.
The defence maintained that the allegations lacked merit and did not constitute grounds to overturn the election.
Court’s Observations
After hearing both sides, the High Court ruled that the alleged non-disclosures were neither substantial nor sufficient to invalidate the election. The court observed that overturning the mandate of voters on the basis of minor or technical omissions would have serious implications for the democratic process.
About the Order
With these findings, the High Court dismissed the election petition and upheld the election of Ritu Banawat as Bayana MLA, while directing her to pay ₹1 lakh as costs for allegedly evading court summons during the proceedings.