THE RETURNING OFFICER vs ARIF LALAN KHAN S/O LALAN KHAN ALIAS NASEEM KHAN

Judgment text excerpt

Judgment-Ep-9-2025-F.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by CHAITANYA CHAITANYA ASHOK ASHOK JADHAV ELECTION PETITION NO.9 OF 2025 JADHAV Date: 2026.03.07 15:50:01 +0530 Md. Arif Lalan Khan s/o Lalan Khan (Alias) Naseem Khan …Petitioner Versus Dilip Bhausaheb Lande & Ors. …Respondents WITH APPLICATION IN EP NO. 26 OF 2025 IN ELECTION PETITION NO. 9 OF 2025 WITH APPLICATION IN EP (L) NO. 26326 OF 2025 IN ELECTION PETITION NO. 9 OF 2025 Mr. Virendra Tulzapurkar, Senior Advocate a/w R. D. Soni, Sakshi Agarwal i/b Adv. Bipin Joshi, for the Petitioner. Adv. Shardul Singh a/w Ninad Thikekar i/b SHS Chambers, for Applicant in AEP(L)/12012/2025, for Respondent No.1 in EP/4/2025. Adv. Naira Jejeebhoy a/w Arun Panickar, Tanmay Pawar, Vinay Nair and Ayush Yadav for the Respondent No.2 and Applicant in AEP(L)/26326/2025. Page 1 of 60 March 7, 2026 Judgment-Ep-9-2025-F.docx CORAM : SOMASEKHAR SUNDARESAN, J. DATE : MARCH 7, 2026 JUDGEMENT: Context and Factual Background: 1. This Election Petition is filed by Shri. Md. Arif Lalan Khan (“Khan”), challenging the election victory of Respondent No.1, Shri. Dilip Bhausaheb Lande (“Lande”), who was returned from Constituency No. 168 i.e. the Chandivali Assembly Constituency, Mumbai (“Constituency”) to the Maharashtra State Legislative Assembly, on November 20, 2024 (“Polling Date”). 2. The Application in Election Petition No. 26 of 2025 has been filed by Lande for rejection of the Election Petition (“Rejection Application”) under Order VII, Rule 11 of the Code of Civil Procedure, 1908 (“CPC”), on the premise that the Election Petition does not disclose a cause of action, lacking in pleading of material facts. By consent, the Rejection Application was taken up for final hearing.