The Bombay High Court dismissed Election Petition No. 36 of 2025 filed by Mr. Ganesh Kumar Yadav (Congress) challenging the election of Capt. R. Tamil Selvan (BJP) from the 179 Sion–Koliwada Constituency in the Maharashtra Legislative Assembly elections held on 20 November 2024.
The petitioner alleged that Capt. Selvan failed to disclose material facts in his statutory affidavit (Form 26), including Non-disclosure of a housing loan of ₹90 lakhs; Non-disclosure of an arbitral award of ₹2.72 crore against him, and Non-disclosure of other liabilities under Column 10(i) of Form 26.
However, the Court noted that the petition contained vague and generic allegations without necessary material facts as required under Section 83(1)(a) of the Representation of the People Act, 1951. It held that a valid election petition must disclose a complete cause of action showing how the alleged non-compliance materially affected the election result under Section 100(1)(d)(iv) of the Act.
Since the pleadings were insufficient and did not establish a triable issue, the Court allowed Application No. 10 of 2025 filed by the returned candidate (Capt. Selvan) under Order VII Rule 11 of CPC and dismissed the election petition at the threshold.
Cases Relied:
By the Court (Precedents Cited)
1. Ravindra Dattaram Waikar v. Amol Gajanan Kirtikar & Ors.
Bombay High Court, Application (L) No. 29930 of 2024 with Application (L) No. 29880 of 2024 in Election Petition No. 6 of 2024, decidedon 19.12.2024
2. Jyoti Basu v. Debi Ghosal
(1982) 1 SCC 691 : AIR 1982 SC 983
3. Mangani Lal Mandal v. Bishnu Deo Bhandari
(2012) 3 SCC 314 : AIR 2012 SC 487
4. Shambhu Prasad Sharma v. Charandas Mahant
(2012) 11 SCC 390 : AIR 2012 SC 4085
5. Mairembam Prithviraj alias Prithviraj Singh v. Pukhrem Sharatchandra Singh & Ors.
(2017) 2 SCC 487 : AIR 2017 SC 1236
6. Durai Muthuswami v. N. Nachiappan
(1973) 2 SCC 45 : AIR 1973 SC 465
7. Kanimozhi Karunanidhi v. A. Santhana Kumar
(2023) 9 SCC 842
8. Karim Uddin Barbhuiya v. Abdur Rahim Ajmal & Ors.
(2023) 7 SCC 774
Appearances:
Mr. Premlal Krishnan a/w. Mr. Nadeem Sharma, Mr. Hrishikesh Nadkarni, Mr. Kailash Tiwari, Mr. Salman Atharia and Mr. Abuzar Khan, Advocates i/by Pan India Legal Services LLP for Petitioner.
Dr. Veerendra Tulzapurkar, Senior Advocate a/w. Mr. Mandar Soman and Mr. Shailesh Shukla, Advocates i/by Shailesh H. Shukla & H. Vaidyanathan Associates for Respondent No.1 in Election Petition and for Applicant in Application No.10 of 2025.
