Madhya Pradesh High Court Stays Order Voiding Mukesh Malhotra's Election, Grants 15 Days To Approach Supreme Court

The Madhya Pradesh High Court has granted a temporary reprieve to Vijaypur MLA Mukesh Malhotra by staying for 15 days the operation of its judgment that had earlier set aside his election and declared election petitioner Ramniwas Rawat as the returned candidate from the Vijaypur Assembly Constituency in Sheopur district.

The interim relief was granted to enable Malhotra to approach the Supreme Court and seek appropriate orders against the judgment which had declared his election null and void. The court observed that if the operation of the judgment was not paused for a limited period Malhotra would be compelled to vacate the seat immediately potentially causing wider consequences for the constituency.

The order was passed by Justice G.S. Ahluwalia on an application filed under Section 116-B of the Representation of the People Act seeking stay of the effect and operation of the judgment delivered earlier the same day in Election Petition No. 24/2024.

In that judgment the court had declared Malhotra’s election from Assembly Constituency No. 02, Vijaypur as null and void and held that Rawat the election petitioner would stand declared elected from the constituency. The decision carried the consequence that all statutory and electoral consequences flowing from such declaration would follow.

Senior Advocate M.P.S. Raghuvanshi along with Advocate Sanjay Dwivedi appeared for election petitioner Ramniwas Rawat. Advocate Pratip Visoriya represented Respondent No.1 Mukesh Malhotra. Advocate Ravindra Sharma appeared for Respondents No. 2, 3, 5 to 9, while Advocate Navnidhi Parharya represented Respondent No.4 and Advocate Priyanshu Yadav appeared for Respondent No.10.

During the hearing on the application seeking stay, counsel for Malhotra submitted that unless the judgment was kept in abeyance for a short period he would be required to vacate the legislative seat immediately. It was argued that such a situation would cause irreparable loss not only to Malhotra but also to the constituency, which would suddenly lose its elected representative. Counsel therefore urged the court to grant a limited stay so that the respondent could approach the Supreme Court and seek appropriate interim protection against the judgment.

The plea was strongly opposed by counsel appearing for the election petitioner. It was argued that the court should exercise the power to stay the effect of its own judgment only when a sufficient cause is made out. According to the petitioner, no such grounds existed in the present case. It was contended that once the court had already delivered a detailed judgment setting aside the election, the consequences flowing from that decision ought to follow without delay. The petitioner therefore urged the court to reject the application seeking stay of the judgment.

After hearing the parties, the court noted that its earlier judgment had declared Malhotra’s election void and recognised Rawat as the elected candidate from the Vijaypur Assembly constituency. However, the court also took note of the submission that if the effect and operation of the judgment was not stayed even for a short period, Malhotra was likely to suffer irreparable loss. The court observed that once the seat is declared vacant, the elected representative would be deprived of the opportunity to continue serving the constituency.

Taking these factors into account, the court held that a brief window should be granted to enable the respondent to approach the Supreme Court for appropriate relief. The court noted that granting a short stay would serve the interests of justice without causing prejudice to either side while the respondent seeks further legal remedies.

Accordingly, the court directed that the effect and operation of the judgment passed in Election Petition No. 24/2024 shall remain stayed for a period of fifteen days. The court clarified that the limited protection was granted solely to enable Malhotra to approach the Supreme Court and obtain appropriate interim orders.

Case Title: Ramniwas Rawat v. Mukesh Malhotra and Others.

Date of Order: March 9, 2026

Bench: Justice G. S. Ahluwalia