IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPLICATION NO.11 OF 2025 IN ELECTION PETITION NO.23 OF 2025 Mahendra Sadashiv Thorve ....Applicant In the matter between Sudhakar Parshuram Ghare alias Sudhakarbhau Ghare …. Petitioner Versus.

Mahendra Sadashiv Thorve and others …. Respondents WITH APPLICATION (L) NO. 25974 OF 2025 ALONGWTH APPLICATION (LODG.) NO. 26165 OF 2025 IN ELECTION PETITION NO. 23 OF 2025 Sudhakar Parshuram Ghare alias Sudhakarbhau Ghare ....Applicant In the matter between Sudhakar Parshuram Ghare alias Sudhakarbhau Ghare …. Petitioner Versus.

Mahendra Sadashiv Thorve and others …. Respondents Mr. Arif Bookwala, Senior Advocate with Ms. Mahek Bookwala i/b Ms. Pooja Thorat, for Petitioner in Election Petition No. 23/2025 and Respondent in AEP/11/2025.

Mr. Shreekant V. Gavand, a/w. Mr. Sanket J. Bhase, for Applicant in AEP/11/2025 and for Respondent No. 1 in EP/23/2025.

Ms. Neeta Jain i/b Mr. Alochan Naik, for Respondent No. 4 in EP/23/2025.

CORAM: SANDEEP V. MARNE, J.

Reserved On: 15 September 2025.

Pronounced On : 24 September 2025.

JUDGMENT :-

1) The Petitioner has filed the Election Petition seeking setting aside of election of Respondent No.1 from 189-Karjat Legislative Assembly Constituency in pursuance of general elections of Vidhan Sabha held on 20 November 2024. Petitioner has also sought his own declaration as duly elected in the said elections. Respondent No.1 has filed Application No.11 of 2025 seeking rejection of Election Petition under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (the Code) as well as for striking off pleadings in paragraph Nos.9 to 30 and grounds A to Q in the Election Petition. After filing of the Application for rejection of Election Petition by Respondent No.1, the Petitioner has filed Application (L) No.25974 of 2025 seeking amplification of the Election Petition as per schedule of amendment. A. FACTS

2) The term of Maharashtra Legislative Assembly was expiring on 26 November 2024. The Election Commission of India declared general elections for 15^th Legislative Assembly of Maharashtra for the period from 2024 to 2029 on 15 October 2024 by declaring the election programme. The election notice was declared in the Gazette along with Election Schedule on 22 October 2024. The Election Commission of India also declared Model Code of Conduct w.e.f. 15 October 2024. Parties to Election Petition filed their respective nominations as candidate for contesting the election from 189 Karjat Legislative Assembly Constituency. Nine valid nomination forms were received. Respondent No.1 was a candidate of Shiv Sena political party, Respondent No.4 was a candidate of Shiv Sena (Uddhav Balasaheb Thackeray) political party. Petitioner filed his nomination as an Independent Candidate. Petitioner was allotted symbol of Auto Rickshaw. According to the Petitioner, Respondent Nos.2 and 3, who bear resemblance of name with the Petitioner, are workers of Shiv Sena party of which Respondent No.1 was a candidate.

3) The voting was conducted on 20 November 2024. The votes were counted on 23 November 2024 and 2,40,070 votes were found to have been cast. Petitioner polled 89,177 votes. Respondent No.1 polled 94,871 votes. The election results were declared by the Returning Officer on 23 November 2024, in which Respondent No.1 was declared as a Returned Candidate. Petitioner is aggrieved by the result of the election in which Respondent No.1 is declared as a Returned Candidate and has accordingly filed the present Election Petition challenging the election of Respondent No.1 and for seeking a declaration of his own election.

4) Respondent No.1 has appeared and has filed Written Statement opposing the Election Petition. Respondent No.4 has also filed his Written Statement supporting the Election Petition. In addition to filing the Written Statement, Respondent No.1 has filed Application No.11 of 2025 seeking rejection of Election Petition under the provisi