G.S. Patel, J.

1. AMBIT OF THE CHALLENGE

The Petitioner was the nominated candidate of the Shiv Sena for the 2014 Maharashtra Legislative Assembly elections from the Dahisar Assembly Constituency No. 153. The Petition challenges the election of the Respondent, Smt Manisha Ashok Chaudhary, the official candidate of the Bharatiya Janata Party (“BJP”). In opposition to the Petitioner, amongst others, Smt Chaudhary secured 77,238 votes at the election. The Petitioner garnered 38,440 votes. Smt Chaudhary was declared elected [While the matter was pending in this court, it travelled to the Supreme Court at least once at the instance of the Respondent but without success. I do not think it is necessary to go into greater detail in that regard.].

2. When first filed in 2014, the Petition mounted the challenge to Ms Chaudhary's election on two grounds. First, that Smt Chaudhary's nomination papers were improperly accepted, and that her Affidavit required to be filed in accordance with the directives of the Election Commission of India was misleading. Specifically, the allegation