[Election Petition] Supreme Court Upholds Bombay HC Order in Challenge to Nitin Gadkari’s 2019 Victory from Nagpur

The Supreme Court on Wednesday upheld a Bombay High Court order that struck down certain allegations in election petitions challenging Union Minister Nitin Gadkari’s 2019 Lok Sabha victory from the Nagpur constituency, effectively bringing closure to the long-standing legal challenge.

A bench comprising Justices Surya Kant and N Kotiswar Singh dismissed the appeal filed by Congress candidate Nana Patole and Nagpur voter Nafis Khan, who had contested the High Court’s February 26, 2021 decision. The apex court agreed with the reasoning adopted by the Nagpur bench, affirming that it saw “no reason to interfere” with the High Court’s findings.

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Noting that Gadkari had once again secured victory in the 2024 general elections, the Supreme Court stated that the objections raised had been adequately addressed by the lower court.

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The Bombay High Court had refused to outright dismiss the election petitions filed against Gadkari but had struck off certain averments relating to the income and properties of his family members, deeming them extraneous.

The petitioners, however, contended that the High Court had wrongly exercised its powers in striking off parts of the pleadings, arguing that such powers are “extraordinary” and should be used only with “extreme care, caution, and circumspection.”

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While Khan alleged Gadkari had submitted false information in his election affidavit, Patole claimed procedural violations in the conduct of the 2019 polls. Despite these assertions, both their arguments failed to convince the top court to revisit the High Court’s decision.

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