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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
KISHORE C.SANT
IN THE MATTER BETWEEN : Vijay Alias Balasaheb Bhausaheb Thorat – Appellant
Versus
Amol Dhondiba Khatal – Respondent
JUDGMENT :
Kishore C. Sant, J.
1. Heard Mr. Hon, the learned Senior Advocate for the Applicant/orig. Respondent No.1, Mr. Dhorde, the learned Senior Advocate for Respondent No.1/original election petitioner, Ms. Gore, the learned Advocate for Respondent No.4 and Mr. Shaikh, the learned Advocate for Respondent No.6.
2. Application No.162 of 2025 (Exhibit-23) is filed by a returned candidate/Respondent No.1 in Election Petition No.02/2025. The Election Petition is filed against the present applicant and others by the petitioner/defeated candidate in the election to the Maharashtra Legislative Assembly from Constituency No.217 - Sangamner. The other respondents are the persons who also contested the said election, and therefore, they have been made parties to the Election Petition. The petitioner has prayed for a declaration that the election of Respondent No.1 is void and has also further prayed that he being a candidate securing the second highest votes in the election, he be declared as elected from the said Constituency in terms of Section 84 read with Section 101(b) of the Representation of Peoples Act, 1951 (for short “the Act of 1951”).
3. The facts, giving rise to the Election Pet
Election petition alleging specific non-disclosure of partnership firm tax dues in nomination affidavit discloses triable issues under corrupt practice and improper acceptance grounds, warranting tri....
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.
Election petitions must contain concise statements of material facts; omission of a single material fact leads to dismissal for lack of cause of action.
Point of Law : In the event of a necessary party not being made a party to the Election Petition, it would be incumbent upon the Court to dismiss the petition.
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 disclose material facts and sources of information regarding allegations of corrupt practices, or the petition is deemed insufficient for trial.
Election petitions alleging affidavit suppression must plead full corrupt practice particulars including pendency and material election result effect for improper acceptance; deficiency invites Order....
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 and particulars of alleged corrupt practices; failure to do so renders the petition non-maintainable.
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