JUDGMENT :

ARIF S. DOCTOR, J.

1. The present Interim Application has been filed under the provisions of Section 86 of the Representation of the People Act, 1951 (“R.P. Act") read with Order VII Rule 11 of the Code of Civil Procedure, 1908 ("CPC"), seeking dismissal of the captioned Election Petition.

2. Before adverting to the rival contentions, it is useful for context to set out the following facts, which are not in dispute, viz.,

2.1. The Applicant and the Respondent No. 1, i.e., the Petitioner in the captioned Election Petition, were both candidates from Constituency No. 181, i.e., the Mahim Constituency, in the 15th Maharashtra Legislative Assembly elections, which were held on 20th November 2024 (“the Election"). For the sake of convenience, Respondent No. 1 to this Application shall be referred to as the Petitioner in this Order.

2.2. The results of the Election were declared on 23rd November 2024, and the Applicant was declared the returned candidate with 50,213 votes, whereas the Petitioner polled 48,897 votes, which was the second highest number of votes polled.

2.3 It is the Petitioner's case that the Applicant had, in the Affidavit (Form 26) which is attached to the Nominatio