1. This election petition is filed challenging the election of the respondent No.1 on the grounds under Section 100(1)(d)(i) and (iv) of the Representation of the People Act, 1951 (for short, “the said Act”) for improper acceptance of his nomination paper by the Returning Officer. The substance of the averments made in the election petition is that the respondent No.1 has failed to disclose in his affidavit in Form No.26 submitted alongwith his nomination paper delivered under Section 33(1) of the said Act, the information, as required under Section 33A(1)(i) and (2) of the said Act, in respect of certain offences in which he is accused in a case pending before the Court of competent jurisdiction. The nomination of the respondent No.1 was required to be rejected under Section 36(2)(b) of the said Act and the result of the election of the respondent No.1 has materially affected by such improper acceptance of his nomination, as contemplated under Section 100(1)(d)(i) and (iv) of the said Act.

2. The respondent No.1 has filed his written statement and opposed the claim made by the petitioner. He has also filed an application under Order VII, Rule 11(a) of the Civil Procedure Code for rejection of the petition on the objection that “the present election petition does not contain statement of material facts as to how the result of the election is materially affected, in so far as it concerns the returned candidate. In the absence of these materials facts, the petition does not disclose any cause of action”. It is also the objection raised that the election petition and the documents annexed are not verified in the manner prescribed by the Code of Civil Procedure.

3. Before proceeding to deal with the controversy in respect of pleading of material facts, the relevant provisions of the Representation of the People Act, 1951 in respect of the nomination of the candidates need to be seen, which are incorporated in Part V of conduct of elections, and Chapter I regarding nomination of candidates therein. Section 30 of the said Act provides for fixing of dates for filing of nomination paper for election of a Member from a Constituency. Section 32 provides that a person may be nominated as a candidate for election to fill a seat, if he is qualified to be chosen to fill that seat under the provisions of the Constitution and the said Act.

4. Section 33 relates to the presentation of nomination paper and requirements for a valid nomination. The provision of Section 33(1) being relevant, is reproduced below :-

“33. Presentation of nomination paper and requirements for a valid nomination.(1) On or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer, between the hours of eleven O'clock in the forenoon and three O'clock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under section 31 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer:-

… … ...”

In terms of the aforesaid provision, the nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer, is to be delivered to the Returning Officer. Rule 4 of the Conduct of Elections Rules, 1961 prescribes that every nomination paper presented under Section 33(1) shall be completed in such one of the Forms 2A to 2E, as the case may be. Since the present petition is concerned with the election to the Legislative Assembly of Maharashtra, it is governed by Form No.2B.

5. This election petition essentially concerns with the provision of Section 33A of the said Act, which was introduced by Act No.72 of 2002 with effect from 2482002. The provisions of Section 33A(1)(i) of the said Act being relevant, are reproduced below :

“33A.Right to infor