Shashikant Shamrao Khot v. Amal Mahadevrao Mahadik

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ELECTION PETITION NO.12 OF 2025 Shashikant Shamrao Khot ....Petitioner V/S Amal Mahadevrao Mahadik ....Respondent _________ Mr. Mukesh Vashi, Senior Advocate with Mr. Ruturaj Pawar for the Petitioner.

Mr. Drupad Patil a/w Mr. Dheeraj D. Patil for the Respondent. __________ CORAM: SANDEEP V. MARNE, J.

DATE : 17 JUNE 2025.

(IN CHAMBER) P.C.:

1.

Heard Mr. Vashi , the learned Senior Advocate appearing for the Election Petitioner and Mr. Drupad Patil, the learned counsel appearing for the Respondent. After perusal of the pleadings of the Election Petition, the Written Statement and with the consent of the learned counsel appearing for the rival parties, following issues are framed:

1) Whether the Election Petitioner proves that the Respondent or Mr. Dhananjay Mahadik, with the consent of the Respondent, has committed corrupt practice as contemplated under Section 123(2) of the Representation of Peoples Act, 1951? katkam Page No.

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k 2/2 1 ep 12.25 os.doc 2) Whether the Election Petitioner proves that the Respondent has filed incomplete Form No.26 and consequently there has been improper acceptance of nomination of the Respondent by the Returning Officer?

3) If the Election Petitioner proves that there is incomplete disclosure in clauses 9 and 9(a) from Form No.26, whether Respondent has committed corrupt practice of undue influence under Section 123(2) of the Representation of Peoples Act, 1951?

4) Whether the Election Petitioner proves that the election of the Respondent to the Maharashtra Legislative Assembly-2024 from 274 Kolhapur South Constituency declared on 23 November 2024 is liable to be set aside?

5) What order as to costs?

2.

Mr. Vashi would submit that the Election Petitioner shall file Affidavit-of-Evidence within a period of four weeks. 3.

List the Election Petition under caption 'for directions' on 30 July 2025 at 2:30 p.m.

by SUDARSHAN RAJALINGAM KATKAM Date:

2025.06.18 15:02:52 +0530 SUDARSHAN RAJALINGAM KATKAM (SANDEEP V. MARNE, J.) katkam Page No.

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