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Vichare, in his petition, claimed that Mhaske, in his nomination application, stated that he was not convicted by any court despite being convicted in a rioting case
The Bombay High Court on Thursday issued notice to Eknath Shinde-led Shiv Sena's Naresh Mhaske in the petition filed by Rajan Vichare, a UBT Shiv Sena member, seeking to declare Mhaske's victory in the 2024 Lok Sabha Election as null and void.
A single judge bench of the high court comprising Justice RI Chagla directed summons to be issued to Mhaske, who was declared the winner from the Thane constituency.
The bench directed the summons to be returnable on September 4.
Vichare, in his petition, claimed that Mhaske, in his nomination application, stated that he was not convicted by any court despite being convicted in a rioting case.
Vichare also claimed that Mhaske filed an appeal before the sessions court, which was dismissed.
Senior advocate Darius Khambata, appearing on behalf of Vichare, submitted that Mhaske filed the said details as 'Not Applicable' in his application, which amounts to suppression of fact. Therefore, he sought the cancellation of Mhaske's nomination.
The bench proceeded to issue summons to Mhaske while noting all the provision of the election petition.
"Having considered the submissions, it does appear that the present Election Petition has complied with all the requirements under Section 86(1) of the said Act as the Election Petition is presented on one or more of the grounds specified under sub Section 1 of Section 100 and 101 of the Act and is within the time prescribed as required under Section 81(1) of the Act, and there is compliance with Section 81(3), 82 and 117 of the said Act. Accordingly the Election Petition has been properly presented in this Court for trial," the order reads.
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