CAPT R TAMIL SELVAN vs GANESH KUMAR YADAV

Judgment text excerpt

5.EP.36.2025.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ELECTION PETITION NO. 36 OF 2025 Mr. Ganesh Kumar Yadav .. Petitioner Versus Capt. R. Tamil Selvan and Ors. .. Respondents WITH APPLICATION NO. 10 OF 2025 IN ELECTION PETITION NO. 36 OF 2025 Capt. R. Tamil Selvan Applicant .. (Orig. Respondent No.1) IN THE MATTER OF: Mr. Ganesh Kumar Yadav .. Petitioner Versus Capt. R. Tamil Selvan and Ors. .. Respondents ....................  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. ......…........... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 18, 2025. JUDGEMENT: 1. Heard Mr. Krishnan, learned Advocate for Petitioner and Dr. Tulzapurkar, learned Senior Advocate for Respondent No.1 in Election Petition and for Applicant in Application No.10 of 2025. 2. Election Petition No.36 of 2025 is filed by Mr. Ganesh Kumar Yadav on 30th December, 2024. It challenges election of Respondent 1 of 38 5.EP.36.2025.doc No.1 to the General Election from 179 Sion – Koliwada Constituency held on 20.11.2024 as void under provisions of Section 100(1)(d)(iv) of the Representation of the People’s Act 1951 (for short ‘RP Act’) and for issuance of directions for initiation of proceedings under Section 125A of the RP Act. 3. Application No.10 of 2025 is filed by Respondent No.1 - Capt. R. Tamil Selvan for dismissal of Election Petition under Section 86 of the RP Act read with