HC dismisses plea against Anil Desai’s election as MP

Mumbai: In a victory for Anil Desai of Shiv Sena (UBT), the Bombay high court on Tuesday dismissed a petition challenging his election as Lok Sabha Member of Parliament (MP) from Mumbai South Central.
A single-judge bench of Justice Sharmila Deshmukh dismissed an election petition filed against Desai for want of any cause of action. She held, "The petition does not have a single averment as to how the alleged defects are of substantial character and have resulted in violation of fundamental right of the citizen to know the true facts and information of the contesting candidate."
Mahendra Bhingardive, an advocate and member of Right to Recall Party, filed an election petition to challenge the acceptance of nomination papers filed by Desai, 66, in the 2024 LS elections.Bhingardive sought that Desai's candidature and nomination papers be declared as "void" and "defective, incomplete and invalid" and to be declared the elected candidate instead. His grievances were of a "few blank columns" and "missing signature on the reverse of a stamp paper" apart from "incomplete information" in an affidavit by Desai. Desai then filed an application seeking dismissal of the petition. Senior counsel Devdatt Kamat and counsel Ankit Lohia, representing Desai, argued, "For rejection of nomination papers under Section 36(4) of Representation of People Act, the defects have to be demonstrated to be of substantial nature by making a positive assertion in the petition, which pleading is absent."
Mumbai: In a victory for Anil Desai of Shiv Sena (UBT), the Bombay high court on Tuesday dismissed a petition challenging his election as Lok Sabha Member of Parliament (MP) from Mumbai South Central.
A single-judge bench of Justice Sharmila Deshmukh dismissed an election petition filed against Desai for want of any cause of action. She held, "The petition does not have a single averment as to how the alleged defects are of substantial character and have resulted in violation of fundamental right of the citizen to know the true facts and information of the contesting candidate."
Mahendra Bhingardive, an advocate and member of Right to Recall Party, filed an election petition to challenge the acceptance of nomination papers filed by Desai, 66, in the 2024 LS elections. Bhingardive sought that Desai's candidature and nomination papers be declared as "void" and "defective, incomplete and invalid" and to be declared the elected candidate instead. His grievances were of a "few blank columns" and "missing signature on the reverse of a stamp paper" apart from "incomplete information" in an affidavit by Desai. Desai then filed an application seeking dismissal of the petition. Senior counsel Devdatt Kamat and counsel Ankit Lohia, representing Desai, argued, "For rejection of nomination papers under Section 36(4) of Representation of People Act, the defects have to be demonstrated to be of substantial nature by making a positive assertion in the petition, which pleading is absent."