NARESH GANPAT MHASKE vs RAJAN BABURAO VICHARE AND ORS.

Judgment text excerpt

aepl-30947-31834-2024.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by APPLICATION IN E.P. (L) NO.30947 OF 2024 JITENDRA JITENDRA SHANKAR SHANKAR NIJASURE NIJASURE Date: IN 2025.09.09 15:10:13 +0530 ELECTION PETITION NO.3 OF 2024 Naresh Ganpat Mhaske …Applicant / Respondent No.1 In the matter between Rajan Baburao Vichare …Petitioner Versus Naresh Ganpat Mhaske & Ors. …Respondents WITH APPLICATION IN E.P. (L) NO.31834 OF 2024 Gurudev Narsingh Suryavanshi …Applicant / Respondent No.14 In the matter between Rajan Baburao Vichare …Petitioner Versus Naresh Ganpat Mhaske & Ors. …Respondents ---------- Mr. Darius Khambata, Senior Counsel, Mr. Pankaj Savant, Senior Counsel, Ms. Shreenandini Mukhopadhyay, Ms. Joshna D’Souza i/b. Mr. Sanjay Gawde for the Petitioner. Mr. Vikram Nankani, Senior Counsel, Mr. Chirag Shah, Mr. Vishal Acharya, Mr. Shyamsundar Jadhav, Mr. Bhavya Shah and Mr. Mehul Talera i/b. Mr. Chirag Shah for Respondent No.1 / Applicant in AEP No.30947 of 2024. Mr. Hare Krishna Mishra i/b. Law Global for Respondent No.14 and Applicant in AEP No.31834 of 2024. ---------- 1/62 aepl-30947-31834-2024.doc CORAM : R.I. CHAGLA J. Reserved on : 13TH JUNE, 2025 Pronounced on : 9TH SEPTEMBER, 2025 J U D G M E N T:- 1. By these Applications, the Respondent Nos.1 and 14 have sought rejection of the Election Petition under Order VII Rule 11 of the Code of Civil Procedure, 1908 as not being maintainable on the ground that the same does not disclose any cause of action. 2. The case of the Petitioner in the Election Petition is that in terms of Sr. No.6 of Form 26 as amended by Notification No. SO 5196 (E) dated 10th October, 2018, the Respondent No.1 ought to have disclosed his conviction in a criminal offence in which he h