SUDHAKAR YADAVRAO GHARE vs MAHENDRA SADASHIV THORVE AND 7 ORS

Judgment text excerpt

Neeta Sawant AEP-11-2025-FC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPLICATION NO.11 OF 2025 IN ELECTION PETITION NO.23 OF 2025 Mahendra Sadashiv Thorve ....Applicant In the matter between Sudhakar Parshuram Ghare alias Sudhakarbhau Ghare …. Petitioner Versus. Mahendra Sadashiv Thorve and others …. Respondents WITH APPLICATION (L) NO. 25974 OF 2025 ALONGWTH APPLICATION (LODG.) NO. 26165 OF 2025 IN ELECTION PETITION NO. 23 OF 2025 Sudhakar Parshuram Ghare alias Sudhakarbhau Ghare ....Applicant In the matter between Sudhakar Parshuram Ghare alias Sudhakarbhau Ghare …. Petitioner Versus. Mahendra Sadashiv Thorve and others …. Respondents Mr. Arif Bookwala, Senior Advocate with Ms. Mahek Bookwala i/b Ms. Pooja Thorat, for Petitioner in Election Petition No. 23/2025 and Respondent in AEP/11/2025. Mr. Shreekant V. Gavand, a/w. Mr. Sanket J. Bhase, for Applicant in AEP/11/2025 and for Respondent No. 1 in EP/23/2025. Page No. 1 of 64 24 September 2025 Neeta Sawant AEP-11-2025-FC Ms. Neeta Jain i/b Mr. Alochan Naik, for Respondent No. 4 in EP/23/2025. CORAM: SANDEEP V. MARNE, J. Reserved On: 15 September 2025. Pronounced On : 24 September 2025. JUDGMENT :- 1) The Petitioner has filed the Election Petition seeking setting aside of election of Respondent No.1 from 189-Karjat Legislative Assembly Constituency in pursuance of general elections of Vidhan Sabha held on 20 November 2024. Petitioner has also sought his own declaration as duly elected in the said elections. Respondent No.1 has filed Application No.11 of 2025 seeking rejection of Election Petition under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (the Code) as well as for striking off pleadings in paragraph Nos.9 to 30 and grounds A to Q in the Election