Maharashtra Assembly Elections 2024: Bombay HC Dismisses Petition Against BJP MLA Captain R Tamil Selvan, Upholds Sion-Koliwada Victory

Mumbai: The Bombay High Court has dismissed an election petition filed against Bharatiya Janata Party (BJP) legislator Captain R Tamil Selvan, challenging his victory from the Sion-Koliwada constituency in the 2024 Maharashtra Assembly elections.

The HC was hearing an application filed by Selvan seeking dismissal of the petition by Ganesh Kumar Yadav, the Indian National Congress (INC) candidate who finished second.

Petition Deemed Vague and Lacking Facts

Justice Milind Jadhav, while allowing Selvan’s application for dismissal, observed that the petition was vague and lacked material facts. The Court noted that Yadav failed to demonstrate how the alleged omissions in Selvan’s nomination affidavit affected the election outcome.

“It is prima facie seen that the Election Petition comprises of vague and generic pleadings and there is complete absence of material facts… The pleadings do not disclose how the alleged omissions had a material bearing on the result of the election,” Justice Jadhav said on Monday.

Alleged Non-Disclosure of Liabilities

Yadav’s plea sought to declare Selvan’s win void under Section 100(1)(d)(iv) of the Representation of the People Act, 1951. He alleged that Selvan failed to disclose key liabilities in his Form 26 affidavit, including a housing loan of Rs 90 lakh (with an outstanding of Rs 86 lakh), two arbitral awards exceeding Rs 2.75 crore, and guarantees for loans worth nearly Rs 70 lakh. The petition was filed on December 30, 2024, after Selvan secured 73,429 votes against Yadav’s 65,534.

Selvan’s counsel countered that all necessary disclosures were made. He argued that the housing loan was availed by Selvan’s daughter and serviced by her; the arbitral awards were stayed and not enforceable liabilities; and all dues were duly reflected in the affidavit.

Court Invokes Order VII Rule 11

The Court agreed, stressing that a concise statement of material facts is a mandatory requirement in election petitions. “Even a singular omission of statutory requirement must entail dismissal… the present Election Petition does not disclose any cause of action,” it ruled, invoking Order VII Rule 11 of the Civil Procedure Code.

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Clarification on Form 26 Disclosures

On the issue of non-disclosure, the Court clarified that while full disclosure in Form 26 is mandatory, failure to do so attracts penal provisions under Section 125A of the RP Act. However, such lapses cannot be a ground for setting aside an election under Section 100.