The Returning Officer vs Arif Lalan Khan S/O Lalan Khan Alias … on 7 March, 2026

    0
    44
    ADVERTISEMENT

    Bombay High Court

    The Returning Officer vs Arif Lalan Khan S/O Lalan Khan Alias … on 7 March, 2026

    2026:BHC-OS:5855
    
    
                                                                                     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
    
    
    
    
                              ::: Uploaded on - 07/03/2026                   ::: Downloaded on - 07/03/2026 20:30:30 :::
                                                                           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

    SPONSORED

    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.

    Page 2 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    3. Khan was the closest rival to Lande, losing the election to Lande by

    a margin of 20,625 votes. Lande polled 1,24,641 votes while Khan polled

    1,04,016 votes.

    4. In the Petition, Khan has prayed for setting aside the poll outcome,

    returning Lande to represent the Constituency under Section 100 of the

    Representation of the People Act, 1951 (“the Act”); and for Khan, as the

    second highest recipient of votes, to be declared as the winner of the

    elections under Section 101 of the Act. During the hearing of the Rejection

    Application, Khan gave up the relief under Section 101, which is discussed

    subsequently in this judgement.

    5. The grounds of challenge to the election are essentially based on the

    following three sets of facts:

    A) On the Polling Date, at 3:08 p.m. Shri. Eknath Shinde

    (“Shinde”), the then Chief Minister of Maharashtra, who was

    also designated as a “star campaigner” of the Shiv Sena, on

    whose ticket Lande contested, visited the Constituency, in

    particular, at the Kajupada Pipeline Road. Shinde’s visit was

    allegedly converted into a campaign and road show from

    Kajupada Ghas Compound to St. Jude’s High School, canvassing
    Page 3 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    and appealing to voters during the prohibited silent period of 48

    hours prior to closing of the poll. This is alleged to be in direct

    violation of Section 126 of the Act, and Clauses 8.1 and 8.11 of the

    Model Code of Conduct (“Model Code”) formulated by the

    Election Commission of India (“Election Commission”);

    B) Lande filed his disclosure affidavit as per Rule 4A of the

    Conduct of Elections Rules, 1961, which was meant to conform to

    Form 26 (“Form 26 Affidavit”), which necessitates making

    material disclosures and disclosure of pending criminal cases,

    but Lande included in it multiple civil cases, thereby giving a

    misleading appearance of Lande being involved in civil disputes

    of a degree far more than being arraigned in criminal

    proceedings; and

    C) Khan apprehends that the Electronic Voting Machines

    (“EVM”) had been tampered with and therefore, in consonance

    with the guidelines issued by the Supreme Court in the case of

    Association for Democratic Reforms 1, Khan sought

    1
    Association for Democratic Reforms (ADR) v. Election Commission of India- (2025) 2
    SCC 732
    Page 4 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    verification in respect of 20 sets of EVM machines, for which he

    has paid the stipulated fees and charges.

    6. Based on the aforesaid pleaded facts, the premises of Khan’s attack

    to the election result is two-fold: (i) Lande having indulged in allegedly

    corrupt practice; and (ii) Lande’s alleged non-compliance with the

    requirements of the Act and the Model Code. Khan would invoke Section

    100(1)(b) of the Act in respect of corrupt practice committed by the

    returned candidate; and Section 100(1)(d)(iv) of the Act in respect of non-

    compliance with the Act and subordinate legislation made thereunder.

    Contentions of the parties :

    7. I have heard Mr. Shardul Singh, Learned Advocate on behalf of

    Lande, and Dr. Virendra Tulzapurkar, Learned Senior Advocate on behalf

    of Khan. With their assistance, I have perused the plaint and the exhibits

    annexed thereto in the context of the applicable provisions of law and the

    law declared in relevant judgements.

    Page 5 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    Lande’s Contentions:

    8. Mr. Singh on behalf of Lande would contend that Khan has not

    pleaded material facts, as a result of which, the Election Petition is vague

    and ambiguous as to how the aforesaid acts complained of, would translate

    into an arguable case for purposes of relief under Section 100 or for that

    matter, Section 101 of the Act. Mr. Singh would submit that it is now trite

    law that the absence of material facts in the pleadings would lead to an

    outright rejection of an Election Petition. He would contend that the

    Petition does not specify which “corrupt practice” under Section 123 of the

    Act has translated into a cause of action that is capable of being pursued in

    an Election Petition.

    9. As regards the first charge, Mr. Singh would contend that it was

    incumbent on Khan to plead as to how the alleged visit by Shinde to the

    Constituency in the last 48 hours before conclusion of the poll, materially

    affected the electoral outcome in the Constituency. He would submit that

    the five polling stations or the polling booths in such stations, alluded to in

    the pleadings as having been unduly influenced by Shinde’s visit, have not

    even been identified in the Petition. Mr. Singh would submit that it was

    incumbent on Khan to actually point out the extent of voting that had

    Page 6 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    taken place by 3:08 p.m. and then demonstrate that after Shinde’s visit, the

    voting turnout shot up. The Petition ought to have pleaded with data from

    the said five polling stations allegedly affected by the visit, to indicate how

    the visit contributed to the margin of victory of 20,625 votes. It is only if

    such precise facts are pleaded, Mr. Singh would contend, that Khan would

    be able to put Lande to notice on how to defend his election victory in these

    proceedings. The absence of such pleadings and lack of material facts, Mr.

    Singh would submit, is fatal to the very basis of the Election Petition.

    10. As regards the second charge of furnishing excessive information in

    the Form 26 Affidavit, Mr. Singh would contend that the law stipulates

    minimum disclosure requirements, and if a candidate chooses to disclose

    more than the stipulated minimum, it is illogical to find fault with

    voluntary additional disclosures. He would submit that the Petition lacks

    material facts as to how such a disclosure translated into a corrupt practice

    or for that matter, unduly influenced voters, such that the election result

    stood vitiated. Therefore, the bundle of facts to be pleaded to depict a

    cause of action, Mr. Singh would submit, is missing under this charge.

    11. Finally, as regards the third charge of tampering of EVM, Mr. Singh

    would say that the pleadings are completely vague and generic. Apart from

    Page 7 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    alluding to an apprehension of EVMs being tampered with, the Petition

    contains nothing to translate the purported apprehension of tampering

    into a case for setting aside the election result. Therefore, he would

    submit, on this count too, the facts pleaded do not disclose a cause of

    action

    12. Mr. Singh would rely on a range of judgments in this regard and

    press into service the analysis contained therein to buttress his claim that

    for an Election Petition to be validly filed, disclosure of material facts

    would be a sine qua non. The judgements he would press into service

    include: (i) Anil Salgaonkar2; (ii) V. Narayanaswamy3; (iii) Ram

    Sukh4; (iv) Ashok Mankar5; (v) Ashok v. Rajendra6; (vi) Khan

    Mohammed7; (vii) Kanimozhi8 and (viii) Karikho Kri9.

    13. Relying on Anil Salgaonkar, Mr. Singh would submit that an

    Election Petition can be summarily dismissed if it does not comply with the

    2
    Anil Vasudev Salgaonkar v. Naresh Kushali Shigaonkar – (2009) 9 SCC 310
    3
    V. Narayanaswamy v. C. P. Thirunavukkarasu – (2000) 2 SCC 294
    4
    Ram Sukh v. Dinesh Aggarwal
    – (2009) 10 SCC 541
    5
    Ashok s/o Mahadeorao Mankar v. Rajendra Bhausaheb Mulak – 2010 (7) Mh.L.J.
    503
    6
    Ashok Mahadeorao Mankar v. Rajendra Bhausaheb Mulak – (2012) 12 SCC 27
    7
    Khan Mohammed Arif Lallan v. Dilip Bhausaheb Lande & Ors.
    -2022 SCC OnLine
    Bom 94
    8
    Kanimozhi Karunanidhi v. A. Santhana Kumar & Ors. – (2024) 18 SCC 592
    9
    Karikho Kri v. Nuney Tayang & Anr.
    – (2024) 15 SCC 112
    Page 8 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    mandatory requirements of Section 83 of the Act, which necessarily

    requires incorporation of material facts in the Petition. Pointing out that

    the Supreme Court, in reliance upon Samant Balkrishna10 and Udhav

    Singh11, set out the primary facts which need to be proved by the

    Petitioner in an Election Petition to establish the cause of action, Mr. Singh

    would contend that in the context of an alleged corrupt practice, the basic

    facts which constitute the ingredients of the specific corrupt practice as

    alleged, must be specified. Mr. Singh would submit that omission of a

    single material fact would lead to an incomplete cause of action entitling

    the returned candidate to seek a rejection of the Petition under Order VII,

    Rule 11 of the CPC.

    14. He would rely on Karikho Kri in relation to the accuracy of the

    Form 26 Affidavit, to contend that the defect complained of has to be of

    such a substantial nature that it ought to undermine the integrity of the

    election result. Every departure from the prescribed format in the Form 26

    Affidavit, Mr. Singh would submit, cannot be a ground for rejection of a

    nomination as held in Karikho Kri, and cannot constitute a case of a

    corrupt practice. He would submit that the Petition ought to have pleaded

    10
    Samant N. Balkrishna & Anr. v. George Fernandez & Ors. – (1969) 3 SCC 238
    11
    Udhav Singh v. Madhav Rao Scindia
    – (1977) 1 SCC 511
    Page 9 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    how the alleged violations by Lande would have translated into an impact

    of more than 20,625 votes.

    15. Mr. Singh would point out that in the previous election to the

    Maharashtra Legislative Assembly, the election of the very same returned

    candidate (Lande) had been challenged by the very same losing candidate

    (Khan), with a much smaller margin of votes, but on an identical ground –

    the only difference was that in the earlier round, Shri. Uddhav Thackeray,

    the then chief of the Shiv Sena, also a star campaigner, had made a similar

    visit to the Constituency on the polling day. Khan had alleged that such

    visit had constituted a corrupt practice and that it had materially affected

    the result of the election. A Learned Single Judge of this Court was pleased

    to reject the Petition under Order VII Rule 11 of the CPC, holding that it is

    necessary to plead specific facts on how such a visit would have impacted

    the outcome. Therefore, he would submit that the outcome of the Rejection

    Application this time around, should be no different.

    Khan’s Contentions:

    16. In contrast, Dr. Tulzapurkar on behalf of Khan would submit that

    the Petition as a whole, along with all its annexures must be examined for
    Page 10 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    purposes of adjudicating the Rejection Application. He would submit that

    each of the three facets that has led to the cause of action has been well

    disclosed in the Election Petition. If these facts are proven, the case for

    annulling the election result would be made out. At this stage, it is not for

    the Court to assess the plausibility of the facts pleaded, but to check

    whether the facts relied upon to make out a case, have actually been

    pleaded.

    17. Dr. Tulzapurkar would submit that the pleadings in the Petition

    would leave no one in doubt as to the cause of action being pursued.

    Pointing to the contents of the Petition and its annexures, Dr. Tulzapurkar

    would submit that the details of all the polling stations where the EVM

    machines were apprehended as having been manipulated are set out. The

    entire complaint made to the Election Commission is annexed and the

    report is awaited. As regards the corrupt practice of Shinde campaigning

    in the Constituency during the prohibited period, Dr. Tulzapurkar would

    submit that the identity of the star campaigner, the date and time of his

    illegal campaign, as well as his conduct during the campaign, are all

    sufficiently pleaded.

    Page 11 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    18. Therefore, enough material to defend the allegations has been made

    available, Dr. Tulzapurkar would submit, contending that it cannot be said

    that there is no pleading about material facts. Dr. Tulzapurkar would

    submit that the only plea made in the Rejection Application is that the

    Election Petition discloses no cause of action and there is no material

    particular of corrupt practice. However, on each of the three counts, there

    is adequate pleading of material facts to indicate that even if one of the

    allegations is found to contain a pleading of material facts, the Election

    Petition would survive. There can never be a partial rejection of a plaint or

    an Election Petition, Dr. Tulzapurkar would submit, contending that while

    all three sets of facts have been adequately pleaded, for the Rejection

    Application to be allowed, it would be necessary to hold that none of the

    three allegations as pleaded, disclose a cause of action.

    19. Dr. Tulzapurkar would rely upon Sejal Glass12, Ramchandran13

    and Bhim Rao Patil14 in this regard. Submitting that the Election

    Petition must be read as a whole, he would submit that no reasonable

    person could draw a conclusion that material facts have not been pleaded.

    12

    Sejal Glass Limited v. Navilan Merchants Private Limited – (2018) 11 SCC 780
    13
    D. Ramchandran v. R. V. Janakiraman And Ors.
    – (1999) 3 SCC 267
    14
    Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao And Ors.
    – (2023) 18 SCC
    231
    Page 12 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    Dealing with Mr. Singh’s contention that the Election Petition is required

    to allege with pleadings as to the precise empirical impact that the acts

    complained of would have had, Dr. Tulzapurkar would submit that the

    Rejection Application is based on a misconception of the law.

    20. The pleading as to how a result has been materially affected is

    necessary for invocation of Section 100(1)(d) and not for the invoking

    Section 100(1)(b) of the Act, Dr. Tulzapurkar would submit. Section 100(1)

    (b), which translates into a corrupt practice, would take colour, for

    purposes of this Petition, from Section 123(2) of the Act, which stipulates

    the substantive standard in law, and gives only two illustrative examples of

    what would constitute undue influence to fall within the meaning of

    “corrupt practice”. Therefore, Dr. Tulzapurkar would submit, the

    requirement of linking an alleged corrupt practice to a precise effect on the

    result, is totally unnecessary and quite irrelevant in the facts of the instant

    case.

    21. As regards Mr. Singh’s reliance upon the outcome in the Election

    Petition filed in the earlier round of Maharashtra Legislative Assembly

    elections with the dispute being between the very same parties, Dr.

    Tulzapurkar would submit that the decision of the Learned Single Judge

    Page 13 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    was challenged in the Supreme Court, which issued notice and noted for

    consideration, the very contention now being made by Khan in the present

    case, for issuance of notice. Dr. Tulzapurkar would point to the order of the

    Supreme Court, recording the contention that it is fallacious to link an

    allegation relating to corrupt electoral practice to material effect on the

    result.

    22. The upshot of this submission is that under Section 100(1)(d), the

    ingredients stipulated therein must necessarily be pleaded to indicate how

    a material effect on the election outcome occurred in order to set aside the

    election result. For purposes of Section 100(1)(b), a corrupt practice by the

    returned candidate or his agent would itself be a ground for setting aside

    the election result. Therefore, under Section 100(1)(b), the pleading would

    need to indicate what the corrupt practice was and that would be the

    “material fact”. The details would be “material particulars” that would be

    fleshed out during the trial of the Petition.

    23. As regards Shinde’s visit to the Constituency, Dr. Tulzapurkar

    would submit, to the extent such visit constitutes a violation of Section 126

    of the Act, it would be covered by Section 100(1)(d)(iv), but to the extent it

    constitutes a corrupt practice under Section 123(2), it would not be

    Page 14 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    necessary for such visit to meet the standard of a material effect on the

    election result as per Section 100(1)(b) of the Act. The very act of indulging

    in such violative practice would suffice to outlaw the outcome and all the

    facts relating to Shinde’s visit have indeed been pleaded.

    Analysis and findings

    Pleadings on Facts in the Petition:

    24. For adjudicating the Rejection Application, it is necessary to note

    and deal with the pleadings contained in the Petition, to see if they make

    out a cause of action. The following extracts would be relevant to assess

    whether the Petition makes out a cause of action across the three grounds

    canvassed. At the threshold, the contents of paragraph 5 may be noted :

    5. The Petitioner lost election by 20,625 votes, due to the corrupt
    practices adopted by the Respondent No. 1 as set out hereinafter. The
    material facts and material particulars corrupt practices of
    Respondent No. 1 are set out herein below which has materially
    affected the election result of the Petitioner.

    [Emphasis Supplied]

    Page 15 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    25. As regards the alleged campaign by Shinde during prohibited

    hours, the following pleadings are relevant:

    6.1. On 20.11.2024, i.e. on the date of polling at 03.08 PM, Shri
    Eknath Shinde the star campaigner as well as Candidate of another
    Constituency (Kopri Panch Pakhadi) Thane, visited the said
    Constituency No. 168 – Chandivali Assembly particularly in
    Kajupada Pipeline Road, at Kajupada Ghas compound to S.T Judes
    High School and joined election campaign which was practically
    converted into Road Show from Kajupada Ghas Compound to St.
    Jude High School. There are as many as 5 polling stations located in
    its close proximity. Shri Eknath Shinde the then C.M and the
    Respondent No. 1 were canvassing and appealed to voters to vote for
    Respondent No., 1. The aforesaid act on the part of Respondent No. 1
    as well as Mr. Shinde is violative of provisions of Model Code of
    Conduct, as well as provisions of Section 126 of Representation of
    People’s Act, 1951. The relevant provision of Model Code of Conduct
    No. 8.1 and 8.11 are reproduced hereinafter.

    6.2 The sole purpose of visit of Mr. Shinde and Respondent No. 1 on
    the date of polling and that too within the prohibitory hours before
    commencing of poll, was to specifically to influence the voters and
    cannot be any other purpose, for their visit and Road Show. Some of
    the photographs of said visit, waving hands, Mr. Eknath Shinde
    giving blessings to Respondent No. 1 are taken by party workers of
    Respondent No. I which have become viral in electronic media as
    well as in various WhatsApp group and on Facebook. The aforesaid
    photographs and an Appeal for votes to voters of same Constituency

    Page 16 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    under the guise of blessing of Mr. Eknath Shinde to Respondent No.

    1. The said campaign was obviously for soliciting votes within the
    close proximity of few polling stations i.e, within 100 metres of
    polling place which has materially affected prospects of the
    Petitioner. The aforesaid act on the part of the Respondent No.1 and
    Mr. Eknath Shinde was violative of the mandate of Model Code of
    Conduct. It is submitted that during the period of 48 hours, ending
    with hours fixed for closing of poll (prohibited hours), neither Mr.
    Eknath Shinde nor Respondent No. 1 was entitled to display to public
    any election matter by means of electronic media, which intend or
    calculate to influence or affect results as envisaged under the
    provisions of Section 126 of the Act.

    6.3 The aforesaid WhatsApp messages and videos posted to vote on
    the date of polling reveals highly objectionable conduct of the
    Respondent No. 1 and Mr. Eknath Shinde. Hereto annexed and
    marked as Exhibit “B” are the copies of screen shots and/or stilt
    videos downloaded from WhatsApp messages dated 20.11.2024.

    6.4 The Petitioner therefore on the same day i.e. on 20.11.2024 at
    the earliest possible moment, lodged telephonic complaint as well as
    complaint in writing to Mrs. Kalpana Gode, the Returning Officer
    through her Chief Polling Agent Mr. Ganesh Chavan, and requested
    to take serious action against the concerned persons including
    registration of FIR. Hereto annexed and marked as Exhibit “C” is the
    copy of the police complaint dated 20.11.2024 made by the Petitioner
    against the Respondent No. 1 and Mr. Eknath Shinde. Along with
    photographs the copy of the said letter was also endorsed to the
    Election Commissioner, Election Commission of India, as well as the
    Page 17 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    State Election Commissioner. The Petitioner also lodged Complaint
    dated 20.11.2024to Smt. Kalpana Gode for unlawful Election
    Campaign on the day of election on 20.11.2024 with request to direct
    local police to register FIR. Hereto annexed and marked Exhibit “D”

    is the copy of Petitioner’s complaint dated 20.11.2024 to the
    Returning Officer made through her Chief Polling Agent Mr. Ganesh
    Chavan.

    6.5 Despite the Police complaint and complaint to Returning
    Officer, no actions are taken by the any of the authorities.

    [Emphasis Supplied]

    26. The aforesaid pleadings indicate when Shinde’s visit took place and

    where it took place. That such visit was violative of the Model Code and

    Section 126 of the Act has also been pleaded. It has been pleaded that the

    illegal campaign within 100 metres of polling stations has materially

    affected the poll result.

    27. As regards non-compliant disclosures in the Form 26 Affidavit, the

    following extracts from the pleadings, would be relevant :-

    “7.1 The Respondent No. 1 filed Notarized Affidavit in Form 26 under
    Rule 4-A dated 29.10.2024, (said affidavit). Inter alia, clause 5 of the
    said affidavit refers to furnishing details of pending criminal cases of
    Respondent No. 1. The Respondent No.1 mentioned details of eleven
    cases though all are not criminal cases but some of the matters are of
    Page 18 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    civil nature. By mentioning more number of civil cases, the first
    Respondent has tried to mislead the members of the public. Hereto
    annexed and marked as Exhibit “E” is the copy of dated the Affidavit of
    Respondent No. 1 in Form – 26 29.10.2024 and Exhibit “E-1” is the
    translated copy of the Affidavit of Respondent No. 1 in Form – 26
    dated 29.10.2024.

    7.2 The purpose of incorporating irrelevant information does not
    satisfy the guidelines of the Honourable Supreme Court for filing the
    correct information or particulars of the candidates. The sole purpose
    of furnishing affidavit of disclosure for Respondent No. 1 is to reveal to
    the members of public about the credibility and character of the
    concerned candidate contesting election.

    7.3 Inter alia, the said Affidavit, the Respondent No. 1 has not
    furnished details of his residential premises which he has been
    occupying since last more than 30 years i.e. at Adesh Sandesh Bhuvan,
    Kaju Pada, Kurla (West), Mumbai – 400 072. The said residential
    premise is also an asset of the Respondent No. 1 The aforesaid
    material is falsely suppressed in the said Affidavit. Nothing is
    mentioned about the details of purchase/ acquisition of the said
    residential property, where the Respondent No. 1 is residing.”

    [Emphasis Supplied]

    28. The pleading in this regard is about a false suggestion and

    impression having been given, by indicating that civil cases against Lande

    were more in number than criminal cases against him. It is pleaded that

    Page 19 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    this misled the voters. It is also pleaded that information about the

    purchase and ownership of the residential premises occupied by Lande had

    not been mentioned.

    29. As regards the tampering of EVMs, the following extracts are

    relevant:

    8. The Petitioner’s apprehended about tempering of EVM machines
    and therefore in consonance with guidelines laid down by the
    Honourable Supreme Court the Petitioner has complained to the
    District Election Officer for “Checking and Verification” of burnt-

    memory, micro-controller or tampering or modification in control unit,
    ballot unit and VVPAT for 168 Chandivali Assembly Constituency. The
    Petitioner has also paid Rs. 9,44,000/- (Rs. Nine lakhs forty-four
    thousand only) for 20 sets of EVM machines selected for checking and
    verification activity. Hereto annexed and marked Exhibit “F” is the
    copy of receipt of payment of Rs. 9,44,000/- (Rs. Nine lakhs forty-four
    thousand only), Exhibit “F-1” is the translated copy of receipt of
    payment of Rs. 9,44,000/- and Exhibit “G” is the copy of Application in
    form Annexure 1, along with details of polling station numbers and
    ballot unit number.

    9. The Petitioner also challenged the election results of the
    Respondent No. 1 on the ground of corrupt practice, due to
    malfunctioning or manipulation and/or tampering of EVM machine
    and will result upon the report of District Election Officer, about
    checking and verification of 20 EVM machines. Since the Petitioner

    Page 20 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    has already filed checking and verification with the Election
    Commissioner, particularly of 20 EVMs sets, the Petitioner has no
    objection for the Election Commissioner to verify the aforesaid 20
    EVM sets. Upon availing report of checking and verification the
    Petitioner challenged the election report of Respondent No. 1 on that
    ground.

    [Emphasis Supplied]

    30. It will be seen that the pleadings about EVMs is about a request

    having been made for verification of the EVMs having been sought.

    Malfunctioning and manipulation of the EVMs has been stated.

    Pleadings on Law in the Petition:

    31. Khan has contended that the Lande’s conduct and Shinde’s

    campaign constitutes a violation of Section 126 of the Act and thereby an

    electoral offence as well as a corrupt practice. Towards this end, the

    following pleadings are relevant :-

    11. The Petitioner submits that Respondent No. 1 has committed
    corrupt practices as well as violated provisions of Section 126 of the
    Act as well as committed electoral offences and therefore he is
    required to be declared as disqualified and as such, his election is to
    be declared as null and void. The aforesaid violation and corrupt
    practices has materially and adversely affected the outcome of election
    of the Petitioner, and Respondent No. 1 is the only beneficiary of
    Page 21 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    aforesaid unlawful acts and/or said violation. The unlawful campaign
    during the prohibited 48 hours of election by Shri Eknath Shinde the
    then C.M. and Police authorities was for the only purpose of election
    campaign. The aforesaid acts have resulted in unlawful election
    process which resulted in favour of the Respondent No. 1.

    12. The Petitioner further states that Respondent No. 1 inter alia,
    has committed acts which inter alia fall within mischief of Section 100
    sub-section 1(d)(iv).

    13. Petitioner further states that Respondent No. 1 has also
    deliberately acted in contravention of section 126 of the Act in as much
    as Respondent No. 1, his agent and/or other persons on his behalf
    including leader of the party of the Respondent No. 1, Mr. Eknath
    Shinde, the then C.M. who was a star campaigner, convened held
    attended and/or joined and further addressed a public meeting and
    was part of a procession or election campaigning in connection with
    the said election on 20.11.2024 at 03:08 PM which is within the period
    of 48 hours prior to hour fixed for conclusion of poll as would be
    demonstrated herein below. Petitioner states that Respondent No. 1
    has also deliberately intentionally and knowingly committed electoral
    offence as mentioned hereinabove.

    14. Petitioner further states that Chapter VIII of Model Code of
    Conduct framed by the Election Commission provides for Restriction
    of persons of political functionaries in a constituency during the last
    48 hours prior to conclusion of poll.

    15. Petitioner further states that clause 8.2.1 provides that political
    functionaries and party workers who have been brought from outside
    Page 22 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    the constituency and who are not voters of the constituency should not
    remain present in the constituency as their continued presence after
    end of the campaign period may undermine the atmosphere for free
    and fair poll and hence, Election Commission has directed that
    District Election Administration / Police administration shall ensure
    that all such functionaries leave the constituency immediately after the
    campaign is over. Petitioner states that Respondent No. 1 had
    deliberately violated the aforesaid direction as provided in Chapter
    VIII Rule 8.2.1. Petitioner states that it is an undisputed fact that Shri
    Eknath Shinde is the Chief as well as star campaigner of the party of
    Respondent No. 1. The Respondent No. 1, his star campaigner
    admittedly addressed gathering on the said occasion and appealed for
    votes which has resulted in influencing the voters to vote for
    Respondent No. 1.

    16. The Petitioner states that a complaint was immediately filed by
    the Petitioner with Respondent No. 2 Returning Officer, the Election
    Commission, the concerned Police station and Police personnel as
    also District Administration which was required to oversee the election
    process, maintain and implement Model Code of Conduct in letter and
    spirit. The Petitioner along with said complaint has also supplied a
    view clip evidencing the said incident, but nothing is done in the
    matter.

    17. The Petitioner states that non-compliance of Respondent No. 1
    with provisions of R.P. Act of 1951, particularly section 126 and
    section 125 thereof as also clause 8.2.1 of the Election Code of
    Conduct which has a statutory force falls within mischief of Section
    100(1)(a)(iv)
    of the said Act.

    Page 23 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    18. The Petitioner further states that but for the aforesaid practices
    adopted by the Respondent No. 1, the Petitioner would have obtained
    majority of valid votes and thus Petitioner is entitled to a declaration
    by this Honourable Court under Section 101 of the R.P. Act, 1951 of
    having been duly elected in the said election by invoking powers vested
    with this Honourable Court. The Petitioner states that this is a fit case
    for exercising the powers under section 101 of the R.P. Act, 1951 by
    this Honourable Court in as much as as all the ingredients required
    for exercising the said power are proved by Petitioner with supporting
    material in the form of oral and documentary evidence and the
    Petitioner is able to prove the same by material and documentary
    evidence.

    [Emphasis Supplied]

    Statutory Provisions:

    32. Having extracted the pleadings from the Petition, it would be

    necessary to examine the relevant provisions of the Act.

    33. Section 83 stipulates the contents of an Election Petition and is

    extracted below:

    83. Contents of petition.–

    (1) An election petition–

    (a) shall contain a concise statement of the material facts on
    which the petitioner relies;

    Page 24 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    (b) shall set forth full particulars of any corrupt practice that
    the petitioner alleges, including as full a statement as possible of the
    names of the parties alleged to have committed such corrupt
    practice and the date and place of the commission of each such
    practice; and

    (c) shall be signed by the petitioner and verified in the manner
    laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the
    verification of pleadings:

    Provided that where the petitioner alleges any corrupt practice, the
    petition shall also be accompanied by an affidavit in the prescribed
    form in support of the allegation of such corrupt practice and the
    particulars thereof.

    (2) Any schedule or annexure to the petition shall also be signed by the
    petitioner and verified in the same manner as the petition.

    [Emphasis Supplied]

    34. A plain reading of the foregoing would show that the Petition ought

    to contain a concise statement of material facts and full particulars of

    corrupt practices that are alleged. The names of parties alleged to have

    committed the corrupt practice, and the date and place of commission

    must be pleaded.

    35. What is alleged to be a corrupt practice must conform to Section

    123, and the relevant provisions relied upon are extracted below:

    Page 25 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    “123. Corrupt practices.–The following shall be deemed to be corrupt
    practices for the purposes of this Act:

    (1) *****

    (2) Undue influence, that is to say, any direct or indirect
    interference or attempt to interfere on the part of the candidate or his
    agent, or of any other person with the consent of the candidate or his
    election agent, with the free exercise of any electoral right:

    Provided that–

    (a) without prejudice to the generality of the provisions of
    this clause any such person as is referred to therein who–

    (i) threatens any candidate or any elector, or any
    person in whom a candidate or an elector is interested,
    with injury of any kind including social ostracism and ex-

    communication or expulsion from any caste or community;
    or

    (ii) induces or attempts to induce a candidate or an
    elector to believe that he, or any person in whom he is
    interested, will become or will be rendered an object of
    divine displeasure or spiritual censure, shall be deemed to
    interfere with the free exercise of the electoral right of
    such candidate or elector within the meaning of this
    clause;

    (b) a declaration of public policy, or a promise of public
    action, or the mere exercise of a legal right without intent to
    interfere with an electoral right, shall not be deemed to be
    interference within the meaning of this clause”

    Page 26 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    [Emphasis Supplied]

    36. Dr. Tulzapurkar would place reliance on Section 123(2) of the Act to

    base the allegation of corrupt practice that Lande has indulged in.

    Essentially, that would mean Lande is accused of having used undue

    influence on the electoral outcome. This is defined to mean any direct or

    indirect interference or attempt to interfere with the free exercise of any

    electoral right. Therefore, the pleadings in the Petition ought to point to

    direct or indirect interference or an attempt to interfere with the free will

    and choice of the electorate by reason of the act complained of. Such act

    ought to have been on the part of the candidate himself or his election

    agent, or by any other person with the candidate’s consent.

    37. The simplest way to piece this together is that Khan’s contention is

    that the Shinde’s visit was obviously with the consent of Lande and this

    interfered with the exercise of electoral right in the Constituency. The

    proviso to Section 123(2) of the Act gives two examples, that are without

    prejudice to the generality of the primary provision of the sub-section.

    These are examples of threats of bodily harm or social harm being held out,

    and fear of divine displeasure or spiritual censure being held out.

    Page 27 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    Implications of the Road Show for Section 123(2):

    38. One would need to apply this legal framework to the pleadings

    contained in the Petition, to see if the pleading makes out a case of undue

    influence. To begin with, one would need to see the meaning of

    “influence” and then examine if “undue influence” has been pleaded. The

    plain English dictionary meaning15 of “influence” is the capacity to have an

    effect on the character, development or behaviour of someone or

    something. Influence is also assigned the meaning 16 of “the power to have

    an effect on people or things, or a person or thing that is able to do this”.

    Therefore, when one has the ability to impact someone’s behaviour one has

    influence on such behaviour.

    39. Moving further from the plain English meaning of the term “undue

    influence” when one looks at legal dictionary meanings, the following

    extracts of the meaning of “undue influence” from Black’s Law

    Dictionary17, would be instructive:

    15

    Oxford Languages meaning
    16
    Cambridge Dictionary meaning
    17
    Revised Fourth Edition by the Publisher’s Editorial Staff, St. Paul, Minn. West
    Publishing Co. 1968
    Page 28 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    Any improper or wrongful constraint, machination, or urgency of persuasion
    whereby the will of a person is overpowered and he is induced to do or forbear
    an act which he would not do or would do if left to act freely.

    Influence which deprives person influenced of free agency or destroys freedom
    of his will and renders it more the will of another than his own.

    “Undue influence” is not necessarily physical injury or threat of it, but is a
    species of duress, or at least often indistinguishable from it. And although there
    is no coercion amounting to duress, but transaction is result of moral, social, or
    domestic force, consciously and designedly exerted on party, peculiarly
    susceptible to external pressure on account of mental weakness, old age,
    ignorance, and the like, controlling the free action of the will, and preventing a
    true consent, equity may relieve against the transaction on the ground of “undue
    influence.”

    But modest persuasion or arguments addressed to the understanding or the
    appeal of affection cannot be deemed “undue influence”.

    Undue influence at elections occurs where any one interferes with the free
    exercise of a voter’s franchise, by violence, intimidation, or otherwise. It is a
    misdemeanor.

    [Emphasis Supplied]

    40. In Krishnamoorthy18 the Supreme Court summarised the

    position on “undue influence” under Indian law in the following manner:

    58. From the aforesaid authorities, the following principles can be culled out:-

    18

    Krishnamoorthy v. Sivakumar – 2015 (3) SCC 467.

    Page 29 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    (i) The words “undue influence” are not to be understood or conferred a
    meaning in the context of English statutes.

    (ii) The Indian election law pays regard to the use of such influence having
    the tendency to bring about the result that has contemplated in the clause.

    (iii) If an act which is calculated to interfere with the free exercise of electoral
    right, is the true and effective test whether or not a candidate is guilty of undue
    influence.

    (iv) The words “direct or indirect” used in the provision have their
    significance and they are to be applied bearing in mind the factual context.

    (v) Canvassing by a Minister or an issue of a whip in the form of a request is
    permissible unless there is compulsion on the electorate to vote in the manner
    indicated.

    (vi) The structure of the provisions contained in Section 171-C of IPC are to
    be kept in view while appreciating the expression of “undue influence” used in
    Section 123(2) of the 1951 Act.

    (vii) The two provisos added to Section 123(2) do not take away the effect of
    the principal or main provision.

    (viii) Freedom in the exercise of judgment which engulfs a voter’s right, a free
    choice, in selecting the candidate whom he believes to be best fitted to represent
    the constituency, has to be given due weightage.

    (ix) There should never be tyranny over the mind which would put fetters and
    scuttle the free exercise of an electorate.

    Page 30 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    (x) The concept of undue influence applies at both the stages, namely, pre-
    voting and at the time of casting of vote.

    (xi) “Undue influence” is not to be equated with “proper influence” and,
    therefore, legitimate canvassing is permissible in a democratic set up.

    (xii) Free exercise of electoral right has a nexus with direct or indirect
    interference or attempt to interfere.

    [Emphasis Supplied]

    41. Since the term “undue influence” is explained in wide and general

    terms in Section 123 of the Act, with the proviso giving only two examples,

    the test is to see if the pleadings in the Petition allege interference with the

    free volition of the electorate in the exercise of its autonomous will, or

    whether it was supplanted by something else. Indeed, influence in the form

    of advice, argument or appeal to affection would be legitimate but for

    undue influence to have occurred, there has to be a subversion of the

    integrity of exercise of electoral right. There has to be at least an attempt to

    disrupt free volition in exercise of electoral rights. Substituting the free

    will of a candidate or a vote with another manner of exercise of such will is

    vital to be pleaded. The Petition has no pleading to this effect to point out

    how there is any such undue influence, to enable Lande to be able to meet

    the case sought to be set up.

    Page 31 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    42. The visit by Shinde to the Constituency could indeed influence the

    voters in the Constituency. In the electoral context, one must then

    examine the pleadings to see if such influence alleged of constitutes “undue

    influence”. Therefore, it is vital to understand how the term “undue

    influence” is to be construed in the context of Section 123(2) of the Act. In

    its most simple form, the influence that the candidate or his agent or any

    other person with his consent, exercises, ought to interfere with the

    exercise of free will by the electorate. If such person attempts to interfere

    with such exercise of free will of the electorate, then too undue influence

    would occur. This is why the illustrative examples in the proviso to Section

    123(2) are valuable. The examples represent interference in the form of

    threats, which are held out to the candidate or the electorate (such threat

    being of bodily harm or social harm) or in the form of inducement of fear

    (such as inducing a candidate or the electorate to believe that they would

    be recipients of divine displeasure if they acted as they would have in the

    ordinary course). Outside of these examples, there could also be other

    ways for undue influence to come about – say gratification that is based,

    not on fear, but greed.

    Page 32 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    43. The use of “influence” to disrupt the ordinary course of expected

    conduct by the candidate or the electorate is what makes it “undue

    influence”. There has to be an attempt to interfere with what would have

    happened in the ordinary course for undue influence to occur. Therefore,

    the appearance of the star campaigner, Shinde, in the Constituency by itself

    would not be enough. There ought to be something more to show that such

    visit interfered with what would have been the ordinary flow of conduct by

    the electorate for the visit to have had undue influence on the electorate.

    44. When seen through this lens, I am afraid the Petition does not

    indicate how the visit of Shinde interfered with the exercise of electoral will

    in order to constitute undue influence. There is no pleading of such visit

    leading to any threat, or any inducement, which need not have been of

    divine displeasure (that is just an example in the proviso). For the visit by

    Shinde during prohibited campaign hour to constitute undue influence, the

    pleadings ought to show how the visit disrupted what would have been the

    ordinary exercise of electoral will.

    45. I have examined the pleadings with a fine toothcomb, bearing the

    aforesaid standard in mind. The pleadings indicate that Shinde visited

    during prohibited campaign hours; practically ran a campaign; canvassed

    Page 33 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    and appealed for votes in close proximity to five polling stations; waved

    hands; gave blessings to Lande, and photographs and videos of such

    violative road show and campaign went viral on social media. Paragraph

    6.2 of the Petition uses the phrase “influence” twice but stop short of

    indicating how such influence was undue influence. It does not even have

    a whisper of whether during such visit, any threat, coercion, inducement,

    fraud or any misrepresentation was made by such visit, for the material

    fact of undue influence to be considered as having been pleaded.

    46. Instead, the pleadings simply allude to the Shinde’s visit being

    violative of Section 126 of the Act by reason of the illegal campaign having

    been conducted during the prohibited period of 48 hours preceding the

    scheduled closing of the poll. A campaign during the silent period would

    indeed constitute a violation of Section 126 of the Act but that has its own

    sanction as discussed later in this judgement. For the visit of Shinde,

    however violative of Section 126 of the Act, cannot constitute undue

    influence if it rallied the loyal base of the party or Shinde himself. It is not

    even alleged to have caused an interference with what would have

    otherwise been the exercise of electoral rights by the electorate or the

    candidate. In the absence of any pleading about how the conduct of Shinde

    Page 34 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    interfered with the free exercise of electoral rights, the Petition evidently

    only indicates “influence” and does not indicate “undue influence”.

    47. A careful reading of the pleadings would indicate that the visit

    allegedly rallied those who would be enthused by Shinde’s presence, which

    indeed constitutes a campaign to influence votes. Energising loyalists who

    would be enthused by the star campaigner’s presence would indicate the

    deployment of influence and not the deployment of undue influence. That

    would not necessarily point to such a campaign constituting one of “undue

    influence”.

    Implications of the Road Show for Section 126:

    48. This is not to say that such a campaign is legitimate for purposes of

    provisions other than Section 123 of the Act. The core contention by Khan

    is that the campaign is violative of Section 126 of the Act. Taking this at its

    highest, in my opinion, such a campaign, if the allegations are right, would

    constitute a violation of Section 126 of the Act, which has its own sanction

    – in fact, a criminal sanction. However, the standard of Section 126 of the

    Act being violated would not automatically lead to such a campaign being a

    “corrupt practice” for purposes of Section 123.
    Page 35 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    49. Section 126, which stipulates the prohibition of public meetings

    during the 48 hours prior to the conclusion of the poll, is extracted below:

    126. Prohibition of public meetings during period of forty–eight
    hours ending with hour fixed for conclusion of poll.–

    (1) No person shall–

    (a) convene, hold or attend, join or address any public
    meeting or procession in connection with an election; or

    (b) display to the public any election matter by means of
    cinematograph, television or other similar apparatus; or

    (c) propagate any election matter to the public by holding, or
    by arranging the holding of, any musical concert or any
    theatrical performance or any other entertainment or amusement
    with a view to attracting the members of the public thereto, in
    any polling area during the period of forty-eight hours ending
    with the fixed for the conclusion of the poll for any election in the
    polling area.

    (2) Any person who contravenes the provisions of sub-section (1)
    shall be punishable with imprisonment for a term which may extend to
    two years, or with fine, or with both.

    (3) In this section, the expression “election matter” means any matter
    intended or calculated to influence or affect the result of an election.

    [Emphasis Supplied]
    Page 36 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    50. The pleadings in the Petition directly point to an alleged violation of

    Section 126 of the Act. This provision has an inherent criminal sanction –

    imprisonment for a term of up to two years or fine or both. Propagation of

    any “election matter” in any polling area with a view to attracting the

    members of the public during the prohibited period of 48 hours preceding

    the conclusion of the poll is a criminal offence. The term “election matter”

    means any matter intended to influence or affect the result of an election.

    Care has been taken to use the word “influence” here and not the phrase

    “undue influence”. Indeed, Khan has pleaded that he has filed a first

    information report, which is advisedly his effort to put the criminal justice

    system into motion in relation to the alleged offence.

    51. However, an allegation of a violation of Section 126 of the Act,

    would not automatically constitute “undue influence” for purposes of

    Section 123 of the Act. Each clause of Section 126(1) of the Act may be

    pressed into service, but the machinery for the sanction envisaged in the

    Act is not the machinery of an election petition for declaring an election

    void under Section 100 or for declaration of the next highest grossing

    candidate as the winner under Section 101 of the Act.

    Page 37 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    Implications for Section 100 of the Act:

    52. In this light, Section 100 of the Act, which deals with grounds for

    declaring an election to be void ought to be noticed. This provision needs

    analysis since Dr. Tulzapurkar would nuance his submissions on the

    distinctions drawn within the scheme of this provision. The relevant

    provisions relied upon by Khan are extracted below:

    100. Grounds for declaring election to be void.–

    (1) Subject to the provisions of sub-section (2) if the High Court is of
    opinion–

                      (a)     *****; or
    
                      (b)     that any corrupt practice has been committed by a
    

    returned candidate or his election agent or by any other person
    with the consent of a returned candidate or his election agent; or

    (c) *****; or

    (d) that the result of the election, in so far as it concerns a
    returned candidate, has been materially affected–

    (i) by the improper acceptance or any nomination, or

    (ii) by any corrupt practice committed in the interests
    of the returned candidate by an agent other than his
    election agent, or

    (iii) by the improper reception, refusal or rejection of
    any vote or the reception of any vote which is void, or

    Page 38 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    (iv) by any non-compliance with the provisions of the
    Constitution or of this Act or of any rules or orders made
    under this Act, the High Court shall declare the election of
    the returned candidate to be void.

    (2) If in the opinion of the High Court, a returned candidate has
    been guilty by an agent, other than his election agent, of any corrupt
    practice but the High Court is satisfied–

    (a) that no such corrupt practice was committed at the
    election by the candidate or his election agent, and every such
    corrupt practice was committed contrary to the orders, and
    without the consent, of the candidate or his election agent;

    (c) that the candidate and his election agent took all
    reasonable means for preventing the commission of corrupt
    practices at the election; and

    (d) that in all other respects the election was free from any
    corrupt practice on the part of the candidate or any of his agents,
    then the High Court may decide that the election of the returned
    candidate is not void.”

    [Emphasis Supplied]

    53. A plain reading of the foregoing provisions would indicate that for

    purposes of Section 100(1)(b), the High Court would need to form an

    opinion that a “corrupt practice” has been committed by the returned

    candidate or his election agent or by any other person with the consent of

    the returned candidate or his election agent. Likewise, under Section

    Page 39 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    100(1)(d)(ii) if the High Court would need to form an opinion that the

    result has been materially affected by the commission of a corrupt practice

    that was in the interest of the returned candidate. If the factual ingredients

    are of this nature, the High Court would void the electoral outcome.

    54. Under Section 100(1)(b), the commission of a corrupt practice by

    the candidate or by his election agent or by any other person with the

    returned candidate’s consent would suffice to declare the election void.

    Under Section 100(1)(d)(ii), the standard that must be met is that of the

    result in favour of the returned candidate ought to be found to have been

    “materially affected” by the corrupt practice committed “in the interests of

    the returned candidate”.

    55. The ingredients of the two provisions are different. Under Section

    100(1)(b), the commission of the corrupt practice has to be by the

    candidate or his election agent or by any other person with the consent of

    the returned candidate. If these ingredients are found, the electoral

    outcome shall have to be declared void. Under Section 100(1)(d)(ii), the

    commission of the corrupt practice is not by the returned candidate but by

    an agent other than his election agent. In the instant case, the insinuation

    is that the star campaigner is an agent other than the election agent and he

    Page 40 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    has committed a corrupt practice in the interests of Lande, the returned

    candidate.

    56. In view of my reasons as to why the pleadings do not disclose how

    the allegedly violative visit by Shinde to the Constituency in the prohibited

    hours constituted a “corrupt practice” (for which purpose, the reliance

    placed has been on Section 123(2) of the Act read with Section 126 of the

    Act, which have been analysed above), the implications of absence of

    pleadings would affect the pleadings relating to Section 100 as well.

    Indeed, the requirement to show that the result was “materially affected” is

    found only in Section 100(1)(d)(ii) and not in Section 100(1)(b) of the Act,

    but in the factual matrix of this case, in the context of the Rejection

    Application, it would make no difference.

    57. The provisions of Section 100(1)(d)(iv) are noteworthy since this is

    not a provision linked to “corrupt practice”. Under this provision, non-

    compliance with the provisions of the Act or any rules or orders made

    under the Act would suffice to declare the electoral outcome void,

    provided, the High Court is satisfied that the electoral result, insofar as it

    relates to the returned candidate, was materially affected by such non-

    compliance.

    Page 41 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    58. Mr. Singh’s contends that Khan ought to have shown the voter

    turnout and polling pattern until the time of the Chief Minister’s visit and

    compare it with the voter turnout and polling pattern after the visit, in

    order to clinically show how the visit materially affected the electoral result

    in Lande’s favour. Such time-based data during the course of the polling

    day does not appear to be available, and that too on a polling station-wise

    basis. A query to the Learned Advocate for the Election Commission

    indicated that such time-based data would not be available for any

    candidate who lost to be able to bring it to bear in his pleadings.

    59. However, as is well-settled, one must read the Petition as a whole

    for purposes of Order VII, Rule 11 to see if the material facts have been

    pleaded. Indeed, Khan has pleaded how according to him, the Chief

    Minister’s visit was violative of Section 126 of the Act. That would fall

    within the mischief of Section 100(1)(d)(iv) of the Act, but the bar that has

    to be met in the pleading is to show how the violation of Section 126 of the

    Act materially affected the electoral result in Lande’s favour. Towards this

    end, when one reads the Petition as a whole (see extracts in the earlier

    portion of this judgement), the case set up by Khan can be broken down to

    the following narrative:

    Page 42 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    a) The Chief Minister visited the Constituency at 3:08 PM on

    polling day (Paragraph 6.1 read with Paragraph 11 of the

    Petition);

    b) His visit was converted into a road show and campaign rally

    by waving to the public; and in the guise of blessing Lande,

    soliciting votes for Lande, and thereby propagating an election

    matter in breach of Section 126 of the Act (Paragraphs 6.2 to 6.5

    read with Paragraphs 12 and 13 of the Petition);

    c) Such conduct is a violation of Section 126 of the Act, which

    brings it within the mischief of Section 100(1)(d)(iv) of the Act

    (Paragraph 17 of the Petition);

    d) But for such practices that constitute an electoral offence,

    Khan would have obtained a majority of valid votes and is therefore

    entitled to a declaration under Section 101 of having been duly

    elected (Paragraph 18 of the Petition);

    e) “Supporting material in the form of oral and documentary

    evidence” has been adduced and Khan “is able to prove the same by

    material and documentary evidence” (Paragraph 18 of the

    Petition).

    Page 43 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    60. Whether such pleading meets the requirements of Section 83 of the

    Act, bearing in mind that Section 100(1)(d)(iv) is being pressed into

    service, is the issue to be considered. As stated earlier, under Section 83 of

    the Act, the Petition ought to contain a concise statement of material facts

    on which the Petitioner relies. To invoke Section 100(1)(d)(iv) read with

    Section 101 of the Act, the material facts have to necessarily include how

    the violation of Section 126 complained of, materially affected the electoral

    result.

    61. The pleadings in Petition have to be read as a whole. The only

    element of how the violation of Section 126 of the Act as alleged, had

    materially affected the electoral result is the pleading in Paragraph 18 of

    the Petition, that but for the visit, Khan would have won. While there need

    not be any time-linked clinical accuracy to the voter turnout and polling

    pattern in the facts pleaded, there has to be something more to indicate

    how a material effect took place that turned out to be adverse to Khan and

    furthered the interests of Lande for this Court to form an opinion that the

    visit materially affected the electoral outcome within the meaning of

    Section 100(1)(d)(iv) of the Act.

    Page 44 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    62. To my mind, the pleadings are nothing more than a simple and bald

    averment that but for the visit, Khan would have won. In the course of the

    hearing, in response to queries from the Bench, Khan was willing to not

    press the relief sought under Section 101, which empowers this Court to

    declare Khan as the winner. However, that is a matter of what relief is

    being pressed and what is given up, but would not change the standard

    required to be met for pleadings in the Petition to disclose all material facts

    for purposes of bringing an action under Section 100(1)(d)(iv) of the Act.

    63. In Kanimozhi, the Supreme Court declared the law in the

    following summarised terms:

    Conclusion

    28. The legal position enunciated in aforestated cases may be summed
    up as under:

    27.1. Section 83(1)(a) of the RP Act, 1951 mandates that an election
    petition shall contain a concise statement of material facts on which the
    petitioner relies. If material facts are not stated in an election petition, the
    same is liable to be dismissed on that ground alone, as the case would be
    covered by clause (a) of Rule 11 of Order 7 of the Code.
    27.2. The material facts must be such facts as would afford a basis for
    the allegations made in the petition and would constitute the cause of action,
    that is, every fact which it would be necessary for the plaintiff/petitioner to
    prove, if traversed in order to support his right to the judgment of court.

    Page 45 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    Omission of a single material fact would lead to an incomplete cause of
    action and the statement of plaint would become bad.
    27.3. Material facts mean the entire bundle of facts which would
    constitute a complete cause of action. Material facts would include positive
    statement of facts as also positive averment of a negative fact, if necessary.
    27.4. In order to get an election declared as void under Section 100(1)

    (d)(iv) of the RP Act, the election petitioner must aver that on account of non-
    compliance with the provisions of the Constitution or of the Act or any Rules
    or Orders made under the Act, the result of the election, insofar as it
    concerned the returned candidate, was materially affected.
    27.5. The election petition is a serious matter and it cannot be treated
    lightly or in a fanciful manner nor is it given to a person who uses it as a
    handle for vexatious purpose.

    27.6. An election petition can be summarily dismissed on the omission of
    a single material fact leading to an incomplete cause of action, or omission to
    contain a concise statement of material facts on which the petitioner relies for
    establishing a cause of action, in exercise of the powers under clause (a) of
    Rule 11 of Order 7CPC read with the mandatory requirements enjoined by
    Section 83 of the RP Act.

    [Emphasis Supplied]

    64. Against this backdrop, it would also be useful to also notice the law

    declared in Virender Nath Gautam19 to set out the standard expected in

    the pleadings, which reads thus:

    19

    Virender Nath Gautam Vs. Satpal Singh And Ors., (2007) 3 SCC 617

    Page 46 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    50. There is distinction between facta probanda (the facts required to
    be proved i.e. material facts) and facta probantia (the facts by means of
    which they are proved i.e. particulars or evidence). It is settled law that
    pleadings must contain only facta probanda and not facta probantia. The
    material facts on which the party relies for his claim are called facta
    probanda and they must be stated in the pleadings. But the facts or facts
    by means of which facta probanda (material facts) are proved and which
    are in the nature of facta probantia (particulars or evidence) need not be
    set out in the pleadings. They are not facts in issue, but only relevant facts
    required to be proved at the trial in order to establish the fact in issue.

    [Emphasis Supplied]

    65. The interplay between the principles declared in Kanimozhi and

    in Virendra Nath Gautam is to be examined.

    66. Under Section 83(1)(b) when it comes to corrupt practice, the

    Petition must set out full particulars of the corrupt practice (to attract

    Section 100(1)(b) of the Act). For grounds other than corrupt practice (to

    attract Section 100(1)(d)(iv) of the Act), the pleadings must spell out facts

    based on which the electoral result is said to have been materially affected.

    67. The captioned Petition contains a simple averment that the election

    was materially affected by Shinde’s visit and thereby linking the allegation

    under Section 126 with the scope of jurisdiction under Section 100(1)(d)

    (iv) of the Act. How such visit materially affected is not even sought to be
    Page 47 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    spelt out. I have already discussed above, although in the context of

    “corrupt practice” that influence would not automatically constitute

    “undue influence” and that one must show how the influence subverted the

    ordinary course of exercise of electoral rights by the electorate or by any

    other candidate in the election. I have explained why I believe there is no

    pleading on how the influence wielded by Shinde constituted undue

    influence. Likewise, it is necessary to plead how the visit materially

    affected the outcome. Just as some high order of clinical precision is not

    expected as sought to be canvassed by Mr. Singh, it is equally true that a

    bald averment that the visit materially affected the electoral result would

    not suffice.

    68. In this context, it would be fruitful to examine what the Supreme

    Court stated in Mangani Lal Mandal20 in the context of a violation

    alleged in the Form 26 Affidavit, that was sought to be brought into the

    ambit of Section 126 of the Act, and thereby within the scope of Section

    100(1)(d)(iv) of the Act. It was held that every non-compliance or breach

    of the Constitution or any statutory provision would not invalidate the

    election and it is essential for the petitioner to aver by material facts how

    20
    Mangani Lal Mandal v. Bishnu Deo Bhandari – (2012) 3 SCC 314
    Page 48 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    the result of the election was materially affected by such non-compliance.

    The following extracts are noteworthy:

    10. A reading of the above provision with Section 83 of the 1951 Act leaves no
    manner of doubt that where a returned candidate is alleged to be guilty of non-

    compliance with the provisions of the Constitution or the 1951 Act or any rules or
    orders made thereunder and his election is sought to be declared void on such
    ground, it is essential for the election petitioner to aver by pleading material facts
    that the result of the election insofar as it concerned the returned candidate has
    been materially affected by such breach or non-observance. If the election
    petition goes to trial then the election petitioner has also to prove the charge of
    breach or non-compliance as well as establish that the result of the election has
    been materially affected. It is only on the basis of such pleading and proof that
    the Court may be in a position to form opinion and record a finding that breach
    or non-compliance with the provisions of the Constitution or the 1951 Act or any
    rules or orders made thereunder has materially affected the result of the election
    before the election of the returned candidate could be declared void.

    11. A mere non-compliance or breach of the Constitution or the statutory
    provisions noticed above, by itself, does not result in invalidating the election of a
    returned candidate under Section 100(1)(d)(iv). The sine qua non for declaring
    the election of a returned candidate to be void on the ground under clause (iv) of
    Section 100(1)(d) is further proof of the fact that such breach or non-observance
    has resulted in materially affecting the result of the returned candidate. In other
    words, the violation or breach or non-observation or non-compliance with the
    provisions of the Constitution or the 1951 Act or the rules or the orders made
    thereunder, by itself, does not render the election of a returned candidate void
    Section 100(1)(d)(iv). For the election petitioner to succeed on such ground viz.
    Page 49 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    Section 100(1)(d)(iv), he has not only to plead and prove the ground but also that
    the result of the election insofar as it concerned the returned candidate has been
    materially affected. The view that we have taken finds support from the three
    decisions of this Court in: (1) Jabar Singh v. Genda Lal [AIR 1964 SC 1200 :

    (1964) 6 SCR 54] ; (2) L.R. Shivaramagowda v. T.M. Chandrashekar [(1999) 1
    SCC 666] ; and (3) Uma Ballav Rath v. Maheshwar Mohanty [(1999) 3 SCC 357]
    .

    12. Although the impugned judgment runs into 30 pages, but unfortunately it
    does not reflect any consideration on the most vital aspect as to whether the non-
    disclosure of the information concerning the appellant’s first wife and the
    dependent children born from that wedlock and their assets and liabilities has
    materially affected the result of the election insofar as it concerned the returned
    candidate. As a matter of fact, in the entire election petition there is no pleading
    at all that the suppression of the information by the returned candidate in the
    affidavit filed along with the nomination papers with regard to his first wife and
    dependent children from her and non-disclosure of their assets and liabilities has
    materially affected the result of the election. There is no issue framed in this
    regard nor is there any evidence let in by the election petitioner. The High Court
    has also not formed any opinion on this aspect.

    13. We are surprised that in the absence of any consideration on the above
    aspect, the High Court has declared the election of the returned candidate to the
    15th Lok Sabha from Jhanjharpur Parliamentary Constituency to be void. The
    impugned judgment of the High Court is gravely flawed and legally
    unsustainable. As a matter of law, the election petition filed by the election
    petitioner deserved dismissal at the threshold yet it went into the whole trial
    consuming Court’s precious time and putting the returned candidate to
    unnecessary trouble and inconvenience.

    Page 50 of 60

    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    [Emphasis Supplied]

    69. There has to be something more to at least show some rational

    basis of indicating materiality of the impact of the visit for Lande to be able

    to meet the allegation and defend the electoral outcome. If that is absent,

    the rigours of how to treat applications under Order VII, Rule 7(a) of the

    CPC as enunciated in Kanimozhi and Mangani Lal Mandal would

    come into play. Therefore, while the principles declared in Virendra

    Nath Gautam are unexceptionable, on the facts of the case, the

    declaration of the law in Mangani Lal Mandal would squarely apply to

    this case, necessitating allowing the Rejection Application on this count.

    70. In these circumstances, for the reasons set out above, I am not

    satisfied that the Petition pleads all material facts necessary to bring an

    action under Section 100(1)(d)(iv) of the Act.

    Violative Form 26 Affidavit:

    71. The analysis of the law above must also be applied to the other two

    grounds. First, the allegation of the faulty Form 26 Affidavit, which is

    Page 51 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    alleged to contain unnecessary and excessive disclosure of civil cases along

    with the criminal cases that Lande is involved in, and the non-disclosure of

    the house that Lande lives in as his asset.

    72. The standard of Section 123(2) would need to be applied to show

    that the excessive disclosure and the shortcoming in the Form 26 Affidavit

    had “undue influence” on the exercise of electoral rights, for the manner of

    filing of the Form 26 Affidavit to constitute a corrupt practice to attract

    Section 100(1)(b) of the Act. There is admittedly no prohibition on

    volunteering more information than the statutory standard minimum for

    the provisions of Section 100(1)(d)(iv) to be attracted. The averment is

    that an impression was given that Lande is involved more in civil litigation

    than in criminal litigation. If that position of fact is by itself true, such a

    disclosure would not constitute a misstatement warranting intervention

    under Section 100 of the Act. There is nothing to indicate how the errors in

    the Form 26 Affidavit constitutes a corrupt practice (for Section 100(1)(b)

    of the Act) or materially affected the electoral outcome (for Section 100(1)

    (d)(iv) of the Act).

    73. As regards Dr. Tulzapurkar’s contention that when considering the

    Rejection Application, this Court must not get into the plausibility of the

    Page 52 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    pleading and must only see if there is a pleading, the principle has its own

    optimal threshold beyond which it would not work as a universal principle.

    The challenge to an election outcome is a creature of statute and

    examination of the statutory ingredients necessary to bring about a

    challenge is necessary. If not, regardless of the objective facts pleaded, all

    that a failed candidate would need to do is make a bald averment to sustain

    proceedings, contending that plausibility is totally irrelevant. The

    standard in Order VII, Rule 7(a) is that the pleadings must disclose a cause

    of action and therefore, whether the facts pleaded at a basic level meet the

    requisite ingredients has to be seen.

    74. Since Section 123(2) stipulates what a corrupt practice is from the

    standpoint of “undue influence”, which is what is relied upon on behalf of

    Khan, the Court must examine whether pleading of necessary facts to

    attract the ingredients of Section 123(2) have been made in the Petition. It

    is not Khan‘s case that there was a shortcoming in the disclosure of

    criminal proceedings. The suggestion is that excessive disclosure by

    including civil proceedings diluted the perception of the criminal

    proceedings. How this leads to a cause of action for declaring it to be a

    corrupt practice or for it to materially affect the electoral outcome is not

    Page 53 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    pleaded. Likewise, about the residence of Lande, there is not even an

    averment that title to those premises are in the name of Lande and the

    assertion is that the house is occupied by him. The materiality of the effect

    of this alleged shortcoming on the electoral result must be pleaded, and is

    not found in the Petition.

    75. Therefore, for the very same reasons set out above in relation to

    Shinde’s allegedly violative visit, in my opinion, the pleadings in relation to

    the Form 26 Affidavit too do not disclose a cause of action for purposes of

    Section 100. The decision in Mangani Lal Mandal, extracted above,

    had been rendered in the context of alleged defects in the Form 26

    Affidavit. Similarly in Karim Uddin Barbhuiya21 the Supreme Court

    has held thus, again in the context of the Form 26 Affidavit:

    “13. It hardly needs to be reiterated that in an Election Petition, pleadings
    have to be precise, specific and unambiguous, and if the Election Petition does
    not disclose a cause of action, it is liable to be dismissed in limine. It may also be
    noted that the cause of action in questioning the validity of election must relate to
    the grounds specified in Section 100 of the RP Act. As held in Bhagwati Prasad
    Dixit ‘Ghorewala’ v. Rajeev Gandhi
    and in Dhartipakar Madan Lal Agarwal v.
    Rajiv Gandhi
    , if the allegations contained in the petition do not set out the
    grounds as contemplated by Section 100 and do not conform to the requirement

    21
    Karim Uddin Barbhuiya v. Aminul Haque Laskar & Ors.- 2024 SCC OnLine SC 509
    Page 54 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    of Section 81 and 83 of the Act, the pleadings are liable to be struck off and the
    Election Petition is liable to be rejected under Order VII, Rule 11 CPC.

    19. Now, from the bare reading of the Election petition, it emerges that the
    respondent no. 1 has made only bald and vague allegations in the Election
    Petition without stating the material facts in support thereof as required to be
    stated under Section 83(1)(a) of the RP Act. Apart from the fact that none of the
    allegations with regard to the false statements, and suppression and
    misrepresentation of facts allegedly made by the respondent no. 1 with regard to
    his educational qualification or with regard to his liability in respect of the loan
    availed by him for his partnership firm or with regard to his default in depositing
    the employer’s contribution to provident fund, would fall within the definition of
    “Corrupt practice” of “undue influence” as envisaged in Section 123(2) of the
    RP Act, the Election petition also lacks concise statement of “material facts” as
    contemplated in Section 83(a), and lacks “full particulars” of the alleged Corrupt
    practice as contemplated in Section 83(b) of the RP Act.

    20. So far as the allegations of “Corrupt practice” are concerned, the
    respondent no. 1 was required to make concise statement of material facts as to
    how the appellant had indulged into “Corrupt practice” of undue influence by
    directly or indirectly interfering or attempted to interfere with the free exercise of
    any electoral right. Mere bald and vague allegations without any basis would not
    be sufficient compliance of the requirement of making a concise statement of the
    “material facts” in the Election Petition. The material facts which are primary
    and basic facts have to be pleaded in support of the case set up by the Election
    petitioner to show his cause of action. Any omission of a single material fact
    would lead to an incomplete cause of action entitling the returned candidate to
    pray for dismissal of Election petition under Order VII Rule 11(a) of CPC read

    Page 55 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    with Section 83(1)(a) of the RP Act. The said legal position has been well settled
    by this Court in Azhar Hussain v. Rajiv Gandhi, wherein this Court after
    referring to the earlier pronouncements in Samant N. Balkrishna v. George
    Fernandez
    and Shri Udhav Singh v. Madhav Rao Scindia, observed that the
    omission of a single material fact would lead to incomplete cause of action, and
    that an Election petition without the material facts is not an Election petition at
    all. It was further held that all the facts which are essential to clothe the petition
    with complete cause of action must be pleaded and omission of even a single
    material fact would amount to disobedience of the mandate of Section 83(1)(a) of
    the Act and an Election petition can be and must be dismissed, if it suffers from
    any such vice.

    [Emphasis Supplied]

    76. The pleadings in the Petition collide against multiple emphatic

    declarations of the law declared by the Supreme Court. If the Petition were

    to be sent to trial, neither would Lande have clarity on what case to meet,

    nor would this Court have enough objective material on which it would

    conduct trial to consider if the serious consequences provided for under

    Section 100 of the Act ought to be visited on the electoral result.

    Random Check of Electronic Voting Machines:

    77. As regards the EVMs, the pleadings say nothing more than state

    that Khan has availed of the right to have the permissible sample tested

    owing to his apprehension of tampering. While there is specificity to the
    Page 56 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    EVMs identified in terms of the guidelines issued by the Supreme Court in

    Association for Democratic Reforms, there is nothing to indicate and

    link the EVMs identified to either Shinde’s visit or any other cause that

    reasonably led to an apprehension of tampering.

    78. Simply pointing to the EVMs listed in the application seeking a

    check, would not constitute pleading of material particulars of how this

    facet leads to Section 100 being invoked. Any candidate is entitled under

    the aforesaid judgement to test the EVMs, but that in itself would hardly

    disclose a coherent pleading for cause of action to invoke Section 100 of the

    Act to take a measure as drastic as declaring the electoral outcome as void.

    Summary of Findings:

    79. To summarise, in my view:

    a) The Petition does not set out how the allegedly violative

    visit of the Chief Minister or the disclosure of civil proceedings in

    the Form 26 Affidavit of Lande was a corrupt practice, inasmuch as

    there is nothing to show how these facts constituted “undue

    Page 57 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    influence” for purposes of Section 123(2) of the Act read with

    Section 100(1)(b) of the Act;

    b) The Petition does not set out how the said visit, as a

    violation of Section 126 of the Act, or the excessive disclosure in the

    Form 26 Affidavit as a violation of subordinate law made under the

    Act, materially affected the electoral outcome for purposes of

    invoking Section 100(1)(d)(iv) of the Act;

    c) Khan availing of testing of the EVM is something he is

    entitled to do but the Petition does not indicate how Khan’s

    apprehension of EVMs being tampered leads to a corrupt practice

    or a violation of the Act that materially affects the electoral result

    for a cause of action to be properly contained under Section 83 of

    the Act;

    d) Therefore, the Rejection Application deserves to be allowed

    since electoral outcomes in a democracy ought not to be lightly

    interfered with, without being subjected to the rigours of how

    Section 83 of the Act operates and has been held in various

    decisions of Courts;

    e) Nothing contained in this judgement is an expression of an

    opinion of merits on the allegation that Section 126 had been
    Page 58 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    violated. The due process for pursuit of such alleged electoral

    offence may be resorted to uninfluenced by anything stated in this

    judgement. This judgement is restricted to whether the alleged

    violation of Section 126 has also led to a pleading and disclosure of

    how such violation materially affected the electoral outcome, solely

    for purposes of Section 100(1)(b) and 100(1)(d)(iv) of the Act;

    f) The prayer for declaration of Khan as the returned

    candidate is not backed by any pleading of any material fact. Not

    pressing that relief would not lead to how the Court must consider

    the comprehensive and composite narrative in the Petition.

    80. In the result, the Rejection Petition i.e. Application in Election

    Petition No. 26 of 2025 is allowed and the Petition is dismissed. No

    costs.

    81. In view of disposal of the Petition, Application In EP (L) No.

    26326 of 2025 also stands disposed of.

    82. It is made clear that the random check of the EVMs, which has

    already been permitted by this Court shall be carried out without this

    judgement posing a hurdle to the pursuit of the audit check by Khan.

    Likewise, nothing contained in this judgement is intended to pronounce
    Page 59 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::
    Judgment-Ep-9-2025-F.docx

    upon the merits of the criminal proceedings sought to be initiated in

    connection with the alleged violation of Section 126 of the Act occasioned

    by the allegedly violative visit by Shinde to the Constituency.

    83. All actions required to be taken pursuant to this order shall be

    taken upon receipt of a downloaded copy as available on this Court’s

    website.

    [ SOMASEKHAR SUNDARESAN, J.]

    Page 60 of 60
    March 7, 2026
    Chaitanya

    ::: Uploaded on – 07/03/2026 ::: Downloaded on – 07/03/2026 20:30:30 :::



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here