Bombay High Court on Election Petition: Triable Issue Exists Despite Preliminary Objections.

Headnote:

The Bombay High Court dismissed the application seeking rejection of an election petition at the threshold under Order VII Rule 11 CPC. The Court held that although preliminary objections were raised regarding verification and statutory compliance, the petition contained sufficient material facts, particulars, and allegations of irregularities with EVM-VVPAT machines, suppression of assets, and objections to nomination. These raised a triable issue under Sections 100(1)(d)(i) and (iv) of the Representation of the People Act, 1951, necessitating a trial rather than outright dismissal.

Background:

• The petitioner challenged the election of Anna Dadu Bansode as a member of the Maharashtra Legislative Assembly from Pimpri Assembly Constituency in the 2024 elections.

• The petitioner, runner-up in the election, alleged suppression of assets, discrepancies in affidavits, objections to nomination acceptance, and irregularities in EVM-VVPAT machines.

• The respondent sought dismissal of the petition at the threshold, citing vagueness, non-verification, and non-compliance with Sections 81 and 83 of the Representation of the People Act, 1951.

Court’s Observations:

• Election petitions are statutory proceedings requiring material facts to be pleaded. Particulars support these facts but are not necessary at the initial stage.

• Preliminary objections cannot override substantive allegations; non-verification or minor defects do not automatically justify rejection at threshold.

• The petitioner provided documentary evidence and full particulars regarding alleged irregularities, suppression of assets, and objections to nomination.

• Allegations regarding EVM-VVPAT irregularities and missing voter entries materially affected the election result, warranting a trial.

• The Court emphasized that strict compliance with statutory provisions is necessary, but a triable issue must be resolved through a trial rather than pre-trial dismissal.

Legal Provisions Discussed:

• Sections 81, 83, 100(1)(d)(i) & (iv), Representation of the People Act, 1951 – Election petitions and grounds for setting aside elections.

• Order VII Rule 11, Code of Civil Procedure, 1908 – Rejection of plaint at threshold.

• Supreme Court precedents on compliance requirements and triable issues in election petitions

Citation: 2025:BHC:21629

Case: Sulakshana Raju Dhar v. Anna Dadu Bansode & Ors.

Court: High Court of Judicature at Bombay

Coram: Justice Gauri Godse

Date of Decision: 20 November 2025

Application (L) No.: 24466 of 2025

Election Petition No.: 18 of 2025