Digitally signed by SHAGUFTA SHAGUFTA QUTBUDDIN QUTBUDDIN PATHAN PATHAN Date:

2026.03.24

17:14:48 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPLICATION NO.14 OF 2025 IN ELECTION PETITION NO. 5 OF 2025 Narendra Lalachan Mehta Age - 52 years, Occupation - Business Residing at D/6, Shagun Bunglow, Old Golden Nest, Phase -3, Near Blue ...Applicant Moon Club, Mira Bhayandar Road, (Original Mira Road East, Thane - 401107 Respondent)

IN THE MATTER BETWEEN :

Nayana Manoj Vasani Age - 56 years, Occupation - Doctor Residing at 02, Mithun Building, Srishti Complex, Near Bhakti Vedant Hospital, Sector No. 2, Mira Bhayander, Thane Maharashtra - 401107 ...Petitioner Versus Narendra Lalachan Mehta Age - 52 years, Occupation - Business Residing at D/6, Shagun Bunglow, Old Golden Nest, Phase -3, Near Blue Moon Club, Mira Bhayandar Road, … Respondent Mira Road East, Thane – 401107 WITH ELECTION PETITION NO. 5 OF 2025 Nayana Manoj Vasani Age - 56 years, Occupation - Doctor Residing at 02, Mithun Building, Srishti Complex, Near Bhakti Vedant Hospital, Sector No. 2, Mira Bhayander, Thane Maharashtra - 401107 ...Petitioner Versus Narendra Lalachan Mehta Age - 52 years, Occupation - Business Residing at D/6, Shagun Bunglow, Old Golden Nest, Phase -3, Near Blue Moon Club, Mira Bhayandar Road, … Respondent Mira Road East, Thane – 401107 ——————

Mr. Amogh Singh a/w Mr. Sarvesh Dixit, Mr. Tarun Sharma, Mr. Mahesh Patil and Mr. Ravindra Jadhav i/b Mr. Ritesh Tiwari for the Applicant/

Original Respondent Mr. Balkrishna Joshi a/w Mr. Virendra Pethe and Mr. Dilip H. Shukla for the Respondent / Original Petitioner ——————

CORAM : SHARMILA U. DESHMUKH, J.

RESERVED ON : FEBRUARY 18, 2026 PRONOUNCED ON : MARCH 24, 2026

JUDGMENT :

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 23^rd November, 2024 is questioned under Section 36(2), Section 100(1)(b), Section 100(1)(d)(i)

and Section 100(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 in full detail amounts to corrupt practice of undue influence. There is suppression of criminal offences and non disclosure of description of offences against the Applicant in the Affidavit filed under Rule 4A of Rules of 1961.

SUBMISSIONS:

4. Mr. Singh, learned counsel appearing for the Applicant submits that the election petition has been filed on allegation of non-disclosure of FIRs and details of the Applicant’s shares. He submits that Section 33A of the RP Act mandates disclosure of criminal offences in which charge has been framed by a court of competent jurisdiction or where there is conviction. He further submits that in so far as FIR No. 44 of 2020 is concerned, A-summary report has been filed; and insofar as CR No. 387 of 2022 is concerned, no cognizance has been taken and no charge has been framed.

5. He submits that the Petition alleges non-disclosure of the offences in their entirety and in full detail, claiming the same to be a corrupt practice. He would submit that in so far as incorrect number of FIR No 112 of 2002 is concern