1. The present Application under Order VII, Rule 11(a) and (d) of
Code of Civil Procedure, 1908 [for short, “CPC”] seeking dismissal of
Election Petition is at the instance of the returned candidate, whose
election is called in question by the present Election Petition.
2. By the Election Petition, the Election of the returned candidate
from Maharashtra Legislative Assembly Constituency No 145, Mira
Bhayander Constituency declared on 23rd November, 2024 is
questioned under Section 36(2), Section 100(1)(b), Section 100(1)(d)(i)
AEP-14-2025 & EP-5-2025.doc
and Section 100(1)(d)(iv) of The Representation of People Act, 1951
(for short “R.P. Act”). The allegation in Election Petition is that there is
improper acceptance of the Applicant’s nomination as there is
suppression of criminal cases pending against the Applicant, the
pendency of government dues, non disclosure of details of assets in
the Affidavit filed under Rule 4A of the The Conduct of Election Rules,
1961 (for short “Rules of 1961”) which constitutes corrupt practice
under Section 123(2) of R.P. Act.