Case Note & Summary
The matter pertains to an application in Election Petition No.35 of 2024 alongside Election Petition No.2 of 2024 before the High Court of Judicature at Bombay, Bench at Aurangabad. The election petition challenged the election to the Dhule Parliamentary Constituency in the General Elections to the 18th Lok Sabha. Voting was held on 20 May 2024 and results declared on 4 June 2024. The returned candidate (original respondent No.3) secured 5,83,866 votes while the election petitioner secured 5,80,035 votes, resulting in a narrow margin of 3,831 votes. The petitioner primarily focused on the Malegaon Central Assembly Constituency, alleging that 4,378 dead persons' names remained in the electoral roll and votes were cast in their names, and that 3,329 persons had multiple voter entries and voted more than once, all allegedly benefiting the returned candidate. To substantiate these allegations, the petitioner obtained death registers from the Malegaon Municipal Corporation maintained under the Registration of Births and Deaths Act and compared them with the final voters list. The petitioner also sought information under the Right to Information Act regarding nomination papers, CCTV footage, Rule 17-A register and booth-wise vote calculation, but the returning officer declined to provide the Rule 17-A register and booth-wise calculation citing the Election Commission handbook. The applicant/returned candidate filed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 read with Sections 81, 82 and 86 of the Representation of the People Act, 1951, seeking rejection of the election petition. The main grounds were non-compliance with the mandatory requirement of filing an affidavit in Form 25 under Section 83(1) of the RP Act along with the original election petition, and that the allegations were baseless and bald, including non-disclosure of Crime No.0283 of 2019 under Sections 409 and 406 of the Penal Code and unsubstantiated claims of burkha-clad women voting. The legal issues before the court included whether the petition was liable to be rejected for non-compliance with Section 83(1), whether it disclosed material facts and cause of action, and whether the alleged discrepancies could materially affect the election result. The extracted text does not include the court's final decision or order; it records the arguments and procedural history up to the hearing on 13 June 2025.
Headnote
A) Election Law - Representation of the People Act, 1951 - Sections 81, 82, 83(1), 86 - Mandatory Form 25 Affidavit - Applicant sought rejection of election petition for failure to file affidavit in Form 25 with original petition as required under Section 83(1) when alleging corrupt practice. The court was called upon to decide whether such non-compliance is fatal and warrants rejection under Order 7 Rule 11 CPC read with Sections 81, 82 and 86 of the RP Act. (Paras 5-6)
B) Election Law - Pleadings and Material Facts - Sections 81, 82, 86 RP Act and Order 7 Rule 11 CPC - Rejection of Petition for Bald Allegations - Election petitioner alleged inclusion of 4,378 dead persons in electoral roll of Malegaon Central Assembly Constituency and 3,329 multiple entries, resulting votes in favour of Respondent No.3; applicant contended allegations are baseless, including non-disclosure of Crime No.0283/2019 under Sections 409 and 406 IPC. Court needed to determine if petition discloses material facts and cause of action. (Paras 2-6)
Issue of Consideration
Whether the Election Petition No.2 of 2024 is liable to be rejected under Order 7 Rule 11 of the Code of Civil Procedure, 1908 read with Sections 81, 82 and 86 of the Representation of the People Act, 1951 for failure to file mandatory affidavit in Form 25 under Section 83(1) of the RP Act and for lack of material facts.
Final Decision
Not mentioned; the extracted text does not include the court's final decision or order. The matter was at the stage of considering the application for rejection of the election petition.
Law Points
- Election petition must comply with mandatory affidavit in Form 25 under Section 83(1) of Representation of the People Act
- 1951
- Order 7 Rule 11 CPC permits rejection for non-compliance
- material facts must disclose cause of action
- inclusion of dead persons in electoral roll and multiple entries may materially affect election result
- illegal votes benefitting returned candidate warrant exclusion from vote count.
Case Details
2025 LawText (BOM) (06) 1
Application in Election Petition No.35 of 2024 with Election Petition No.2 of 2024, Application in EP No.20 of 2024 and Application in EP No.31 of 2024
Mr. Mukul Kulkarni, Mr. Umesh G. Mitkari, Mr. V. D. Salunke, Mr. A. V. Deshmukh, Mr. Alok Sharma, Mr. Mohit S. Shah
Smt. Shobha Dinesh Bacchav (Applicant / Original Respondent No.3)
Dr. Shri Subhash Ramrao Bhamre (Original Petitioner) and Others
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Nature of Litigation
Election petition challenging election to Dhule Parliamentary Constituency and application for rejection of election petition.
Remedy Sought
Applicant (original respondent No.3) sought rejection of Election Petition No.2 of 2024 under Order 7 Rule 11 CPC read with Sections 81, 82, 86 of Representation of the People Act, 1951. Original petitioner sought declaration that election is void and that he be declared elected.
Filing Reason
Election petitioner alleged that 4,378 dead persons' names were included in electoral roll of Malegaon Central Assembly Constituency and 3,329 persons had multiple entries, with illegal votes cast in favour of respondent No.3, affecting election result margin of 3,831 votes.
Previous Decisions
Not mentioned in extracted text
Issues
Whether the election petition is liable to be rejected under Order 7 Rule 11 CPC read with Sections 81, 82, 86 of the Representation of the People Act, 1951 for non-compliance with mandatory Form 25 affidavit under Section 83(1).
Whether the election petition contains necessary material facts and discloses cause of action regarding alleged dead voters and multiple voting.
Whether inclusion of 4,378 dead voters and 3,329 multiple entries materially affected the election result.
Submissions/Arguments
Applicant/Respondent No.3 argued that original election petition alleged corrupt practice but failed to file mandatory affidavit in Form 25 under Section 83(1) of RP Act, hence liable to be dismissed at threshold.
Applicant contended allegations are baseless and bald, including non-disclosure of Crime No.0283 of 2019 under Sections 409 and 406 of Penal Code, and unsubstantiated claims of burkha-clad women voting.
Election petitioner asserted that 4,378 dead persons' names in final voters list and 3,329 multiple entries were used to cast illegal votes in favour of respondent No.3, affecting margin of 3,831 votes and entitling petitioner to be declared elected.
Election petitioner relied on death register from Malegaon Municipal Corporation and voter list comparison; returning officer refused to provide Rule 17-A register and booth-wise calculation citing Election Commission handbook.
Ratio Decidendi
The court considered whether mandatory compliance with Section 83(1) of Representation of the People Act, 1951 requiring Form 25 affidavit and sufficiency of material facts are necessary for maintaining an election petition; non-compliance may warrant rejection under Order 7 Rule 11 CPC read with Sections 81, 82 and 86 RP Act. No final ratio decided in extracted text.
Judgment Excerpts
Respondent No.3 has sought dismissal of the Election Petition on the following grounds: ... non-compliance of a mandatory requirement, the original Election Petition is liable to be dismissed at it’s threshold.
The elected candidates secured 5,83,866 votes while the election petitioner secured 5,80,035 votes. The difference in votes between the two candidates is 3831 votes.
The Petitioner states and submits that when the Petitioner counter checked the entries in the said register supplied to Petitioner by Municipal Corporation, with the final list of voters, it revealed that as of now the final list of voters contains names of 4,378 dead persons of Malegaon Central Assembly Constituency despite the fact that their deaths are duly recorded in the register of deaths.
Procedural History
General Elections to 18th Lok Sabha announced on 16.03.2024; voting in Dhule Parliamentary Constituency held on 20.05.2024; result declared on 04.06.2024 with returned candidate winning by 3,831 votes. On 07.06.2024, election petitioner filed RTI application; on 12.06.2024 and 29.06.2024 returning officer refused to supply Rule 17-A register and booth-wise calculation citing Election Commission handbook. Thereafter election petition filed. On notice, respondent No.3 appeared and filed Application in Election Petition No.35 of 2024 under Order 7 Rule 11 CPC read with Sections 81, 82, 86 RP Act for rejection. Applications in EP No.20 of 2024 and EP No.31 of 2024 also filed. Heard on 13.06.2025.
Acts & Sections
- Representation of the People Act, 1951: 81, 82, 83(1), 86
- Code of Civil Procedure, 1908: Order 7 Rule 11
- Registration of Births and Deaths Act, 1969:
- Right to Information Act, 2005:
