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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Udesh Shantaram Patekar – Appellant
Versus
Prakash Rajaram Surve – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1) The Applicant, who is the returned candidate in elections to Maharashtra Legislative Assembly from 154 Magathane-Mumbai Assembly constituency, has filed the present Application seeking rejection of the Election Petition under Order VII Rule 11 of the Code of Civil Procedure, 1908 (the Code) alleging non-compliance with provisions of Sections 81 and 83 of the Representation of the Peoples Act, 1951.
A. FACTS
2) The elections to the Maharashtra Legislative Assembly were held on 20 November 2024. Petitioner and Respondents contested the election from 154-Magathane Assembly Constituency. The Petitioner was a candidate nominated from Shiv Sena (Uddhav Balasaheb Thackeray fraction) political party, whereas Respondent No.1 was a candidate nominated by Shiv Sena political party (Eknath Shinde fraction) and supported by Bhartiya Janata Party.
3) Respondent Nos. 2 to 7 also contested the elections from the said constituency. The results of the election were declared on 23 November 2024. Respondent No.1 polled total number of 1,05,527 votes and was declared elected. Petitioner polled second highest number of votes with total of 47,363 votes. This is how Responden
An election petition may be rejected if it fails to comply with mandatory pleading requirements regarding concise statements of material facts and particulars of corrupt practices as per the Represen....
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
An election petition must contain concise material facts and particulars as per the Representation of Peoples Act, 1951; failure to do so results in dismissal.
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
Allegations of corrupt practice in an election petition must be supported by specific material facts and full particulars as required by Section 83 of the RP Act of 1951. Failure to plead such materi....
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
Clause (4) of Section 123 of Act shows that publication is required to be reasonably calculated by a candidate or his agent.
Election petitions must allege clear material facts for corrupt practices; mere suspicions and vague allegations do not provide a basis for a trial.
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