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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE
Anna Dadu Bansode – Appellant
Versus
Anna Dadu Bansode – Respondent
| Table of Content |
|---|
| 1. application filed for election petition rejection. (Para 1) |
| 2. argument on lack of cause of action in election petition. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. petitioner's argument for trial based on material facts. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. court's consideration of pleadings and objections. (Para 17 , 18 , 19) |
| 5. legal positions established on material facts and corrupt practices. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. detailed examination of allegations related to election conduct. (Para 30 , 31 , 32 , 33 , 34) |
| 7. conclusion: petition dismissed. (Para 35) |
JUDGMENT :
Gauri Godse, J.
BASIC FACTS:
1. This application is filed by respondent no.1, under Order VII Rule 11 of the Civil Procedure Code, 1908 (‘CPC’), for rejection of the election petition. The election petition is filed to challenge the election of the applicant as a member of the Maharashtra Legislative Assembly from 206 (Pimpri- S.C.) Assembly Constituency in the election held on 20th November 2024. The applicant was declared elected on 23rd November 2024. The petitioner had also contested the said election and secured the second-highest votes.
SUBMISSIONS ON BEHALF OF THE A
An election petition must include clear allegations and particulars to establish cause of action, adhering strictly to statutory requirements, or it will be dismissed at the threshold.
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.
Important Point :Election petitions must contain concise statements of material facts and particulars of corrupt practices; failure to comply 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....
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
Election petitions must provide a concise statement of material facts; omissions lead to dismissal under statutory provisions when they do not substantiate a cause of action.
Application under Order VII rule 11 should be considered at the threshold. On the other hand application under Order VI rule 16 for striking out pleadings may be resorted to at any stage.Election pet....
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