Madhya Pradesh Court Gives Vijaypur Seat to BJP Runner-Up After Congress Candidate Hid Criminal Cases

The Vijaypur seat has changed hands from Congress to BJP without a new vote. This is a big change after the court found hidden criminal cases.

The Gwalior bench of the Madhya Pradesh High Court threw out the November 2024 election win of Mukesh Malhotra (Congress). The judge ruled Malhotra’s victory "null and void" because he hid his jagged history from the voters. Malhotra claimed he had only two criminal cases; the court found he actually had six. Instead of calling for a new vote, the court simply handed the Vijaypur seat to the runner-up, Ram Niwas Rawat (BJP).

M.P. High Court cancels Congress MLA’s win for hiding criminal cases, declares former BJP Minister elected - 1

Malhotra has one week to ask the Supreme Court to stop this swap.

Party StrengthBefore RulingAfter RulingChange
BJP163164+1
Congress6463-1
Total Seats230230

THE HIDDEN CASES AND THE SWAP

Rawat, the man who lost the by-election but won the court case, argued that Malhotra’s Form-26 affidavit was a work of fiction.

M.P. High Court cancels Congress MLA’s win for hiding criminal cases, declares former BJP Minister elected - 2
  • Malhotra mentioned two pending cases.

  • He left out four others entirely.

  • The court decided this "concealment of material facts" broke the rules of the game.

This legal move puts Rawat back in the Madhya Pradesh Legislative Assembly without a single new vote being cast. Rawat had previously resigned his post as a Cabinet Minister after his actual loss at the polls. Now, the math of the house shifts slightly further toward the BJP majority.

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M.P. High Court cancels Congress MLA’s win for hiding criminal cases, declares former BJP Minister elected - 3

THE GAME OF TRADING COLORS

The battle for Vijaypur was a messy display of political turncoats. Both men occupied the other’s shoes just months prior.

M.P. High Court cancels Congress MLA’s win for hiding criminal cases, declares former BJP Minister elected - 4
  • Ram Niwas Rawat was a lifelong Congress man until he jumped to the BJP in early 2024.

  • Mukesh Malhotra was a BJP member who jumped to Congress to fight him.

The voters chose the man in the Congress shirt, but the court chose the man with the cleaner paperwork. The MP Congress Chief Jitu Patwari says they will fight the decision, but for now, the mandate of the people is secondary to the accuracy of the ink on the nomination forms.

BACKGROUND

The Vijaypur seat became empty when Rawat quit the Congress and the Assembly to join the BJP government as a Forest Minister. Because he was no longer an MLA, a by-election was triggered in November 2024. Rawat lost that election to Malhotra, forced to resign his ministry, and then spent the last year in the Gwalior courtrooms arguing that his rival’s criminal past made the election a sham.

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Frequently Asked Questions

Q: Why did the Madhya Pradesh High Court give the Vijaypur seat to the BJP's Ram Niwas Rawat?
The court ruled that Congress candidate Mukesh Malhotra hid four criminal cases from voters in his paperwork. The judge said this made the election win invalid and gave the seat to the runner-up, Ram Niwas Rawat of the BJP.
Q: What happens to Mukesh Malhotra's election win in Vijaypur?
Mukesh Malhotra's win in November 2024 is now null and void. The court decided he did not tell the truth about his criminal past, which broke election rules.
Q: How does this court decision change the number of seats in the Madhya Pradesh Assembly?
The BJP gains one seat, going from 163 to 164. The Congress loses one seat, going from 64 to 63. The total number of seats remains 230.
Q: Can Mukesh Malhotra appeal the court's decision on the Vijaypur seat?
Yes, Mukesh Malhotra has one week to ask the Supreme Court to review the decision. Until then, the court's order stands.
Q: Why was there a by-election for the Vijaypur seat in November 2024?
The seat became empty when Ram Niwas Rawat resigned from the Congress and the Assembly to join the BJP. This triggered a by-election where he lost to Mukesh Malhotra.