(1.) The Applicant, who is the returned candidate in elections to Maharashtra Legislative Assembly from 154 Magathane-Mumbai Assembly constituency, has filed the present Application seeking rejection of the Election Petition under Order VII Rule 11 of the Code of Civil Procedure, 1908 (the Code) alleging non-compliance with provisions of Ss. 81 and 83 of the Representation of the Peoples Act, 1951.
(2.) The elections to the Maharashtra Legislative Assembly were held on 20/11/2024. Petitioner and Respondents contested the election from 154-Magathane Assembly Constituency. The Petitioner was a candidate nominated from Shiv Sena (Uddhav Balasaheb Thackeray fraction) political party, whereas Respondent No.1 was a candidate nominated by Shiv Sena political party (Eknath Shinde fraction) and supported by Bhartiya Janata Party.
(3.) Respondent Nos. 2 to 7 also contested the elections from the said constituency. The results of the election were declared on 23/11/2024. Respondent No.1 polled total number of 1,05,527 votes and was declared elected. Petitioner polled second highest number of votes with total of 47,363 votes. This is how Respondent No.1 is a returned candidate from 154-Magathane Assembly Constituency. Petitioner alleges that Respondent No.1 has committed corrupt practices, as well as violated the provisions of the Constitution of India, Act and the Rules which has materially affected the elections. Petitioner has accordingly filed the present Election Petition seeking a declaration that election of Respondent No. 1 be set aside on grounds enumerated under Ss. 100 and 101 of the Representation of the Peoples Act, 1951 (RP Act).
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