CHETAN VITTHAL TUPE vs PRASHANT SUDAM JAGTAP

Judgment text excerpt

4-AEPL-35918-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 35918 OF 2025 IN ELECTION PETITION NO. 46 OF 2025 Mr. Chetan Vitthal Tupe …Applicant In the matter of: Mr. Prashant Sudam Jagtap ...Petitioner Versus Mr. Chetan Vitthal Tupe ...Respondent _______ Mr. Asim Sarode (Through VC) a/w. Ms. Shriya Awle, Mr. Siddharth Ingle and Mr. Saurav More for the Petitioner. Mr. Abhijit P. Kulkarni a/w. Mr. Abhishek Roy, Ms. Sweta Shah, Gourav Shahane, Shreyas Zarkar for Respondent. _______ CORAM : ARIF S. DOCTOR, J. RESERVED ON : 28th APRIL, 2026 PRONOUNCED ON : 15th JUNE, 2026 P.C. 1. The Applicant, who is the Respondent in the captioned Election Petition has filed the present Interim Application under the provisions of Section 86 of the Representation of the People Act, 1951 (“R.P. Act”) read with Page 1 of 35 Areeb 4-AEPL-35918-2025 Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”), seeking dismissal of the Election Petition. 2. For convenience, the parties shall be referred to as they are arrayed in the captioned Election Petition. 3. However, before proceeding to consider the rival contentions, it is useful for context to set out the background of facts in which the captioned Election Petition and Interim Application have been filed. Facts in Brief: 4. The general elections (“the Election”) for the Maharashtra State Legislative Assembly were held on 20th November 2024. The Petitioner as well as the Respondent and other candidates contested the election from 213-Hadapsar Assembly Constituency. 5. The results of the Election were declared on 23rd November 2024, and the Respondent was declared elected by a margin of 7122 votes. 6. The Petitioner then, on 7th January 2025, filed the captioned Election