The court dismissed the election petition filed by Vinayak Bhaurao Raut due to insufficient evidence and vague allegations of corrupt practices.
In a significant ruling, the Bombay High Court's Circuit Bench at Kolhapur, presided over by Justice Shailesh P. Brahme, dismissed an election petition challenging the victory of BJP candidate Narayan Tatu Rane in the 2024 Lok Sabha elections for the Ratnagiri-Sindhudurg constituency. The petition, filed by Vinayak Bhaurao Raut, alleged corrupt practices by Rane and his party workers, including campaigning beyond the permitted period, voter bribery, and manipulation using electronic voting machines (EVMs).
The court's decision, dated September 29, 2026, was based on the lack of material facts and specific particulars in the petition, which failed to provide essential details like the identity of individuals involved, specific instances of misconduct, and substantial evidence to support the allegations. Justice Brahme noted that the petition did not meet the requirements of Section 83 of the Representation of the People Act, 1951, which mandates a concise statement of material facts and full particulars of any corrupt practice alleged.
The judgment emphasized that vague allegations without supporting evidence, such as newspaper reports and video footage, do not constitute a valid cause of action. The court also pointed out that the defects in the affidavit and verification process were curable and not grounds for dismissal at the threshold.
The ruling underlines the importance of precise and specific allegations in election petitions, reiterating that any omission of material facts can lead to an incomplete cause of action, thereby justifying dismissal under Order VII Rule 11 of the Code of Civil Procedure.
Bottom Line :
Representation of the People Act, 1951 - Election petition alleging corrupt practice is liable to be rejected under Order VII Rule 11 CPC where pleadings are vague and do not disclose material facts and full particulars such as names, date, time, place and manner of commission of alleged corrupt practice - Defects in affidavit, verification and translation of annexures are curable and by themselves not fatal.
Statutory provision(s): Representation of the People Act, 1951 Sections 83(1)(a), 83(1)(b), 100(1)(b), 100(1)(d)(ii), 100(1)(d)(iv), 87; Code of Civil Procedure, 1908 Order VII Rule 11; Conduct of Election Rules, 1961 Rule 94A Form 25; Code of Civil Procedure, 1908 Order VI Rule 15
