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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
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 Assembly Constituency No 145, Mira Bhayander Constituency declared on 23rd November, 2024 is questioned under Section 36(2), Section 100(1)(b), (1)(d)(i) and (1)(d)(iv) of The Representation of People Act, 1951 (for short “R.P. Act”). The allegation in Election Petition is that there is improper acceptance of the Applicant’s nomination as there is suppression of criminal cases pending against the Applicant, the pendency of government dues, non disclosure of details of assets in the Affidavit filed under Rule 4A of the The Conduct of Election Rules, 1961 (for short “Rules of 1961”) which constitutes corrupt practice under Section 123(2) of R.P. Act.
3. The Application is contested by the Election Petitioner contending that non disclosure of criminal antecedents by candidate in entirety and
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....
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.
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