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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
In The Matter of : Sunil (Bhau) Chandrakant Bhusara – Appellant
Versus
Harishchandra Sakharam Bhoye – Respondent
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Ms. Karnik, learned Senior Advocate for Petitioner, Mr. Pradhan, learned Advocate for Respondent No.1 in Election Petition and Mr. Kulkarni, learned Advocate for Applicant in Application (L) No.24590 of 2025.
2. Application (L) No.9497 of 2025 is filed by Mr. Harishachandra Sakharam Bhoye – Applicant / Orig. Respondent No.1 and Returned candidate seeking dismissal of Election Petition under Order VII Rule 11 of the Civil Procedure Code, 1908, (for short “CPC”). Respondent No. 1 is the returned candidate in the Election under challenge. Affidavit-in-reply dated 10.07.2025 is filed by Petitioner to oppose this Application.
3. Election Petition No.19 of 2025 is filed by Mr. Sunil (Bhau) Chandrakant Bhusara on 07.01.2025 for the following reliefs :-
“(a) the election of the Respondent No.1 to the General Election 2024 to the State Assembly from 129- Vikramgad (S.T.) Assembly Constituency, be declared to be void and it be further declared that the Petitioner, who has secured second highest votes/majority of votes in the said election, has been elected.”
4. Application No.6 of 2025 is filed by Mr. Harishachandra Sakharam Bhoye – Respondent No.1 seeking
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.
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.
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 alleging affidavit suppression must plead full corrupt practice particulars including pendency and material election result effect for improper acceptance; deficiency invites Order....
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 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 must disclose material facts to establish a cause of action; vague allegations are insufficient for dismissal, and substantial compliance with procedural rules is mandated.
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.
Election petitions must include precise material facts to establish a cause of action; failure to do so warrants dismissal per statutory requirements.
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