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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
In The Matter Nayana Manoj Vasani – Appellant
Versus
Narendra Lalachan Mehta – Respondent
| Table of Content |
|---|
| 1. application seeks dismissal of election petition for non-disclosure. (Para 1 , 2 , 3) |
| 2. parties dispute adequacy of criminal and asset disclosures. (Para 4 , 5 , 6 , 7) |
| 3. candidates must disclose all pending criminal cases. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. petition alleges suppression causing improper acceptance, corrupt practice. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. non-disclosure of serious cases is undue influence. (Para 22 , 23 , 24 , 25) |
| 6. petitions require precise material facts and election impact. (Para 26 , 27 , 28 , 29 , 30) |
| 7. no suppression where affidavit complies with form 26. (Para 31 , 32 , 33 , 34) |
| 8. omission of facts warrants summary petition dismissal. (Para 35 , 36 , 37) |
| 9. petition rejected for lacking cause of action. (Para 38 , 39) |
JUDGMENT :
SHARMILA U. DESHMUKH, J.
1. The present Application under Order VII, Rule 11(a) and (d) of Code of Civil Procedure, 1908 [for short, “CPC”] seeking dismissal of Election Petition is at the instance of the returned candidate, whose election is called in question by the present Election Petition.
2. By the Election Petition, the Election of the returned candidate from Maharashtra Legislative Assem
Election petitions alleging affidavit suppression must plead full corrupt practice particulars including pendency and material election result effect for improper acceptance; deficiency invites Order....
Candidates must fully disclose criminal cases and asset details during elections, as failure constitutes corrupt practice under the Representation of People Act, impacting informed voting.
Election petitions must contain concise statements of material facts and particulars of alleged corrupt practices; failure to do so renders the petition non-maintainable.
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 without material facts relating to a corrupt practice is not valid, and once the charge of corrupt practice fails, the election petition is rendered infructuous due to the end of....
An election petition must disclose material facts to establish a cause of action; vague allegations are insufficient for dismissal, and substantial compliance with procedural rules is mandated.
The failure to disclose the details of the pending criminal case is a corrupt practice, and the court directed the Secretary of the Legislative Council of Andhra Pradesh to make a reference to the Pr....
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