[Maharashtra Elections] “Matters Must Be Addressed Through An Election Petition, Not A Writ Petition”:  HC Rejects Plea Challenging Congress Leader Wadettiwar’s Election Nomination

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A division bench comprising Chief Justice D K Upadhyaya and Justice Nitin Sambre ruled that such matters cannot be addressed through a writ petition and must instead be pursued via an election petition.

Nagpur, Mumbai: On Nov 15: The Nagpur bench of the Bombay High Court has dismissed a writ petition challenging the acceptance of Congress leader Vijay Wadettiwar’s nomination for the upcoming Maharashtra assembly elections on November 20.

A division bench comprising Chief Justice D K Upadhyaya and Justice Nitin Sambre ruled that such matters cannot be addressed through a writ petition and must instead be pursued via an election petition.

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The petitioner, Narayan Dinbaji Jambhule, alleged that the stamp paper used for Wadettiwar’s election affidavit was not purchased in his name. The plea claimed that the Returning Officer for the Bramhapuri assembly constituency in Chandrapur district accepted the affidavit on October 30 despite irregularities, asserting that the use of “non-genuine stamp paper” violated the Maharashtra Stamp Act of 1958.

The court clarified that under Section 80 of the Representation of the People Act, 1951, election-related grievances must be resolved through an election petition, rendering the current writ petition non-maintainable.

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