JUDGMENT :

SANDEEP K. SHINDE J.

1. The short question, which falls for consideration in this case is, whether the Election Petition is liable to be dismissed for want of “material facts.”

2. The position in law is, well-settled that an election petition can be summarily dismissed, if the mandatory requirements of Section 83 of the Representation of the People Act 1951 (hereinafter referred to as the ‘Act’) to incorporate, material facts, in Election Petition are not complied with.

3. The facts in, brief are that respondent no. 1 was declared, elected as the member of legislative assembly (for short MLA) in the election held on 21st October, 2019 (the ‘Said Election’ for short). Petitioner filed petition for declaration, that the election of the respondent no. 1 is void and deserves to be set aside, as he committed corrupt practices as specified in Part III of Chapter VII of the Representation of Peoples’ Act, 1951.

4. The Election Commission of India declared general elections for the 2019 assembly constituency of the State of Maharashtra by Notification 27th September, 2019. The date of scrutiny of nomination papers was 8th October, 2019. The date of election was 21st October, 2019. Th