NARESH GANPAT MHASKE vs RAJAN BABUROA VICHARE AND ORS.

aepl-30947-31834-2024.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION 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 has been convicted and his failure to disclose his conviction has rendered his election liable to be set aside. 3. The Respondent No.1 had been convicted by an Order dated 29th February, 2016 passed by the learned Chief Judicial Magistrate, Thane which Order was upheld in Appeal vide Order dated 9th February, 2017 passed b