HC dismisses plea against Kamptee MLA’s election

Nagpur: In a relief to MLA Tekchand Sawarkar, the Nagpur bench of Bombay high court has rejected an election petition challenging his victory from the Kamptee assembly constituency in the 2019 elections.
Petitioner Sadukar Hatwar had prayed for declaration of Sawarkar’s victory as null and void under Section 100(1)(d)(i) of the Representation Act. He contended that the MLA’s nomination was improperly accepted by the returning officer.He alleged that Sawarkar, in his affidavit, had suppressed the names of his dependents, their assets, his assets and liabilities, bank account numbers, mortgage of properties and various loans.
Justice Pushpa Ganediwala however, clarified that the petitioner’s pleadings do not satisfy stringent requirements of Section 83(1)(a) of the Act, on the backdrop of law laid down by the Supreme Court. “This petition needs to be nipped in the bud, being a vexatious litigation, without having any cause of action. It stands rejected under Order 7 Rule 11(a) of the Code of Civil Procedure with costs.”
The judge pointed out that there are no details regarding the source of the petitioner’s information and data, and no reference is made to any official source for such figures, thereby showing the vague nature of pleadings, which do not state any material facts.
“Upon traversing the entire petition and applying requirements of law, this court has come to the conclusion that cause of action has not been made out by the petitioner even for considering going to trial. The failure to place even a single material fact amounts to disobedience of the mandate of Section 83(1)(a),” the judge said.