NAYANA MANOJ VASANI vs NARENDRA LALCHAND MEHTA

1. The present Application under Order VII, Rule 11(a) and (d) of Code of Civil Procedure, 1908 [for short, “CPC”] seeking dismissal of Election Petition is at the instance of the returned candidate, whose election is called in question by the present Election Petition. 2. By the Election Petition, the Election of the returned candidate from Maharashtra Legislative Assembly Constituency No 145, Mira Bhayander Constituency declared on 23rd November, 2024 is questioned under Section 36(2), Section 100(1)(b), Section 100(1)(d)(i) SQ Pathan 2/29 AEP-14-2025 & EP-5-2025.doc and Section 100(1)(d)(iv) of The Representation of People Act, 1951 (for short “R.P. Act”). The allegation in Election Petition is that there is improper acceptance of the Applicant’s nomination as there is suppression of criminal cases pending against the Applicant, the pendency of government dues, non disclosure of details of assets in the Affidavit filed under Rule 4A of the The Conduct of Election Rules, 1961 (for short “Rules of 1961”) which constitutes corrupt practice under Section 123(2) of R.P. Act. 3. The Application is contested by the Election Petitioner contending that non disclosure of criminal antecede