Bombay high court dismissed an election petition filed by Vinayak Raut (L) challenging Narayan Rane’s (R) election
The high court held that “if the defects are substantial then Election Petition it is liable to be dismissed for non-compliance under Section 81(3) of the Act. I have already observed that the non-compliance of Section 83 is a substantial defect which cannot be cured and the Election Petition is liable to be rejected. Rane’s senior counsel Satish Maneshinde argued that the Election Petition lacks the material facts and particulars in respect of the corrupt practices as is mandated by Section 83(1)(a)(b) of the Act, and it is liable to be rejected. He also submitted that the cause of action has not been made out from the averments and that affidavit subsequently submitted by Raut “is not in conformity with Form No 25 prescribed under Rule 94A of the Conduct of Election Rules, 1961.
The high court justice Shailesh Brahme accepted the argument of Rane’s lawyer that “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. Maneshinde also submitted that “There is incurable defect in respect of manner of verification of the Election Petition, which is not in consonance with Order VI Rule 15 of the Code’’ and added, “deficiency in the Election Petition cannot be cured by any amendment or subsequently filed affidavits.’’ Raut had challenged Rane’s election to the 18th Lok Sabha from the Ratnagiri-Sindhudurg constituency.
MUMBAI: Bombay high court on Tuesday dismissed an election petition filed by Shiv Sena (UBT) Vinayak Raut against the victory of BJP member of Parliament Narayan Rane .