Read Time: 04 minutes
The petition sought to have the nomination papers of the winning candidate, as well as other candidates who contested the election, declared invalid, null, and void, arguing that they were defective, incomplete, and invalid. The petitioner further sought an order declaring him as the elected candidate in the 2024 General Elections
The Bombay High Court has recently dismissed an election petition challenging the victory of UBT Sena leader Anil Desai from the Mumbai South Central seat in the 2024 Lok Sabha elections.
A single-judge bench of the high court, comprising Justice Sharmila Deshmukh, heard the plea filed by Mahendra Bhingardive, who contested the election.
Desai defeated Shinde Sena leader Rahul Shewale by a margin of 53,384 votes, having secured 395,138 votes in the South Central constituency of Mumbai.
The petition sought to have the nomination papers of the winning candidate, as well as other candidates who contested the election, declared invalid, null, and void, arguing that they were defective, incomplete, and invalid. The petitioner further sought an order declaring him as the elected candidate in the 2024 General Elections.
He contended that he had raised oral objections before the returning officer about the incomplete nomination papers filed by the candidates. However, he alleged that the returning officer still accepted these nomination papers.
While dismissing the petition, the bench noted that there was not a single averment regarding how the alleged defects were substantial enough to affect the fundamental rights of citizens.
“The Petition does not have a single averment as to how the alleged lapses/defects are of substantial character and has resulted in violation of fundamental right of the citizen to know the true facts and information of the contesting candidate,” the order reads.
The high court also noted that there was no mention or "whisper" in the petition regarding how the improper acceptance of the nomination papers affected the election results.
“Upon my reading of the entire petition, there is not even a whisper as to the manner in which the improper acceptance of nomination has materially affected the election. A pleading in that respect is essential to disclose a cause of action for questioning the election,” the order states.
Case title: Mahendra Tulshiram Bhindardive vs Anil Yashwant Desai & Ors
Please Login or Register
