(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 23/11/2024 is questioned under Sec. 36(2), Sec. 100(1)(b), Sec. 100(1)(d)(i) and Sec. 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 Sec. 123(2) of R.P. Act.
(3.) The Application is contested by the Election Petitioner contending that non disclosure of criminal antecedents by candidate in entirety and in full detail amounts to corrupt practice of undue influence. There is suppression of criminal offences and non disclosure of description of offences against the Applicant in the Affidavit filed under Rule 4A of Rules of 1961.
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