Bombay High Court rejects election petition against Shiv Sena Shinde faction MP Naresh Mhaske

The Bombay High Court on Tuesday rejected a petition challenging the Lok Sabha election of Shiv Sena (Eknath Shinde) Member of Parliament (MP) Naresh Ganpat Mhaske from Thane constituency [Rajan Baburao Vichare v Naresh Ganpat Mhaske].

Mhaske's election was challenged on the ground that he had failed to disclose his conviction in a criminal case while filing his nomination papers. However, he moved for rejection of the election plea.

Justice RI Chagla ruled that Mhaske was not required to disclose the conviction since it had not resulted in imprisonment of a year or more.

Thus, the Court dismissed the election petition moved by Rajan Baburao Vichare, a leader of Shiv Sena Uddhav Thackeray faction.

"The contention of the petitioner that the present petition complies with all required pleadings under the 1951 Act would be irrelevant, particularly when the Election Petition is itself not maintainable on the ground that it fails to disclose a cause of action," the Court said.

The Court ruled that under Section 33 of the Representation of the People Act, the candidate is required to disclose only those offences where he was convicted and sentenced to imprisonment for one year or more. 

"Further, Entry 6 of Form 26 as amended in 2018, which comes under Rule 4A, cannot transgress or breach the provisions of Section 33A (1)(ii). Accordingly, it must be read down to mean only those cases of past conviction, where there is a sentence of imprisonment of one year or more and which must be disclosed by the candidate. Any other meaning or interpretation given to Entry 6 of Form 26 would result in making Entry 6 of Form 26 unconstitutional and violative of not only Section 33A (1)(ii) of the 1951 Act, but also the law laid down by the Supreme Court in PUCL," the Court said.

Senior Counsel Darius Khambata and Pankaj Sawant with advocates Shreenandini Mukhopadhyay, Joshna D’Souza and Sanjay Gawde appeared for Rajan Baburao Vichare.

Senior Counsel Vikram Nankani with advocates Chirag Shah, Vishal Acharya, Shyamsundar Jadhav, Bhavya Shah and Mehul Talera appeared for Naresh Ganpat Mhaske.

Advocate Hare Krishna Mishra also appeared for a respondent.

[Read Judgment]