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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Milind N.Jadhav
Anil Subhash Sawant – Appellant
Versus
Samadhan Mahadeo Autade – Respondent
JUDGMENT :
MILIND N. JADHAV, J.
1. Election Petition No. 10 of 2025 is filed in respect of election of Respondent No. 1 in the General Election held to the Legislative Assembly in Constituency 252 Pandharpur on 20.11.2024. Results were declared on 23.11.2024. Election Petition is filed on 06.01.2025 within limitation as stipulated under Section 81 of the Representation of the People Act, 1951 (for short, "RP Act"). Though Petitioner's relief is only for setting aside the election of Respondent No. 1, he has impleaded Respondent Nos. 2 to 23, all contesting candidates in the election. Respondent No. 1 is the returned candidate having secured 1,25,163 votes. Petitioner has secured third highest votes i.e. 10,217 votes.
2. Election programme of the General Elections to the Legislative Assembly for Constituency 252 Pandharpur declared by the Election Commission was as under:-
| Schedule | Date |
| Date of Issue of Gazette Notification | 22.10.2024 (Tuesday) |
| Last Date of making nominations | 29.10.2024 (Tuesday) |
| Date of Scrutiny of nominations | 30.10.2024(Wednesday) |
| Last Date for the withdrawal of candidatures | 04.11.2024(Monday) |
| Date of Poll | 20.11.2024 (Wednesday) |
| Date of Counting | 23.11.2024 (Saturday) |
| Date before wh |
Election petitions must include precise material facts to establish a cause of action; failure to do so warrants dismissal per statutory requirements.
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply results in dismissal.
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
Election petitions must plead concise material facts under Section 83(1)(a) RP Act to disclose cause of action; deficient, vague pleadings warrant dismissal under Order VII Rule 11 CPC without trial.
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.
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....
Election petitions must contain concise statements of material facts and particulars to maintain challenges against election results; mere alterations for honest disclosure do not invalidate nominati....
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....
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