Bombay High Court Dismisses Vinayak Raut's Election Petition Against Narayan Rane for Vague Pleadings
In a decisive blow to the election challenge mounted by leader Vinayak Raut, the has dismissed his petition contesting the 2024 Lok Sabha victory of MP Narayan Rane from the Ratnagiri-Sindhudurg constituency. Justice Shailesh P. Brahme, presiding over the , ruled that the petition failed to meet the mandatory under the , and was liable for rejection at the threshold.
The Election and the Challenge
The 2024 Lok Sabha election for the 46th Ratnagiri-Sindhudurg constituency saw a closely fought contest. According to the judgment, polling took place on , and results were declared on . Narayan Rane secured 4,48,514 votes, defeating Vinayak Raut who garnered 4,00,656 votes. Dissatisfied with the outcome, Raut filed an election petition on , alleging by Rane and his supporters.
The petition's core allegations, contained in paragraphs 5(l), 5(m), and 5(n), claimed that workers conducted campaign activities after the Model Code of Conduct deadline on , and engaged in voter bribery and intimidation. Raut also cited a complaint filed with election authorities on , and submitted video footage and newspaper reports as evidence.
Rane's Motion for Rejection
Narayan Rane, through , promptly filed an application under , seeking dismissal of the election petition. The application argued that the petition lacked concise statements of and full particulars of as mandated by and (b) of the Representation of the People Act. The applicant contended that the allegations were vague, failed to disclose names, dates, and places, and that the supporting affidavit was not in the prescribed Form 25 under .
Rane's legal team relied on a series of precedents, including the judgments in and , to establish that omission of even a single material fact leads to an incomplete and renders the petition liable for .
Raut's Defense
Opposing the application, Raut's counsel argued that the pleadings, read together with the annexed documents—including newspaper clippings, video footage with 65B certificates, and the complaint—provided sufficient grounds to establish . He contended that the petition disclosed a under and that a full-fledged trial was necessary to assess the evidence. Sarode further submitted that any defects in the affidavit or verification were curable and could not justify rejection at the preliminary stage.
Court's Analysis: Cannot Be Cured
Justice Brahme, after a careful examination of the averments, found that the allegations in paragraphs 5(l) to 5(n) were "extremely vague" and lacked . The court noted that the petition failed to specify the time, place, and identity of the persons allegedly involved in the . For instance, paragraph 5(n) referred to a " worker, Mr. Jadhav"—a common surname—without further identification. The court observed that the video footage and news reports could not fill the gaps left by deficient pleadings.
The judgment emphasized the settled legal position that an election petition must contain a concise statement of
. Citing
Kanimozhi Karunanidhi
, the court reiterated:
"
must be such facts as would afford a basis for the allegations made in the petition and would constitute the
... Omission of a single material fact would lead to an incomplete
."
While acknowledging that defects in the affidavit or verification could be cured, the court drew a distinction: the non-compliance with regarding was a that went to the root of the petition. The court held that the petition, as framed, did not disclose a for any ground under and therefore could not be taken to trial.
Key Observations
The court's reasoning was anchored in several critical observations:
"The corrupt practice as alleged in paragraph no. 5(l) regarding carrying out campaign on
is very vague and lacks
namely; time, place and identity of the persons who were campaigning."
"Any omission of a single material fact would lead to an incomplete
entitling the returned candidate to pray for dismissal of Election petition under
read with
of the R.P. Act."
"The non-compliance of Section 83 is a
which cannot be cured and the Election Petition is liable to be rejected."
The Final Verdict
Justice Brahme allowed Rane's application and rejected Election Petition No. 7 of 2024 in its entirety. The court ordered that the petition "shall stand rejected" with no order as to costs. The decision upholds the strict pleading requirements for election petitions and reinforces the principle that vague and unsubstantiated allegations cannot sustain a challenge to an election result. For Narayan Rane, the judgment brings finality to the electoral dispute, while for Vinayak Raut, it closes the door on his legal challenge without a trial on merits.