The Bombay High Court on Wednesday dismissed an election petition challenging the Lok Sabha election victory of Congress’s Varsha Eknath Gaikwad from a Mumbai constituency.
The petition was filed by Asif Siddiqui, who alleged electoral malpractices, including non-compliance with mandatory printing norms on campaign handbills and the distribution of money to voters in the Mumbai North Central constituency during the 2024 Lok Sabha elections.
Justice Sharmila U Deshmukh, while pronouncing the verdict, ruled that the petition failed to disclose a valid cause of action and lacked the required material facts to sustain an election challenge. The court emphasised that mere allegations without concrete evidence do not warrant a trial.
“Considering that in the Election Petition, the pleadings have to be specific, precise, and unambiguous… where the Election Petition, even upon a holistic reading of the entire plaint, does not disclose a cause of action, the same is liable to be dismissed,” said Justice Deshmukh.
Gaikwad defeated BJP’s Ujjwal Nikam in the Mumbai North Central seat with a margin of 16,514 votes.
Siddiqui’s petition, filed through advocate Moin Chowdhari, accused Gaikwad and her campaign team of distributing money and Congress Guarantee Cards to voters as a means of bribery. It also claimed that pamphlets promoting her candidature were printed without proper disclosure, violating Section 127-A of the Representation of the People Act.
However, the court noted that the petitioner did not provide any substantial proof, such as video recordings, photographs, or witness testimonies, to support these claims.
Regarding the alleged distribution of cash via a scooter, the court found the allegations vague and unsupported by necessary details such as the ownership of the vehicle or direct links to Gaikwad. Similarly, the claim of unauthorised pamphlets was dismissed as the petitioner failed to establish a clear connection between Gaikwad and the distributed material.
Gaikwad had opposed the election petition by filing an interim application through advocate Tejas Deshmukh, seeking rejection of the plaint. The bench allowed Gaikwad’s application and dismissed the election petition. With this decision, Gaikwad’s election remains valid.