The Bombay High Court on Tuesday dismissed an election petition filed by Shiv Sena (UBT) leader Rajan Vichare, challenging the election of Thane MP Naresh Mhaske of the rival Eknath Shinde-led Shiv Sena faction in the 2024 Lok Sabha elections.
A single bench of Justice R.I. Chagla held that the petition failed to disclose a valid cause of action and was afflicted by an “incurable defect.”
Vichare, who lost the Thane seat in the 2024 general elections, had alleged that Mhaske concealed a criminal conviction in his election affidavit. He sought to have Mhaske’s election set aside on grounds of suppression of material facts.
Mhaske countered the claim, arguing that disclosure in the affidavit was mandated only if a conviction had resulted in a sentence of at least one year’s imprisonment. He pointed out that in the case referred to by Vichare, he had been released on probation, with no imprisonment imposed.
Accepting Mhaske’s contention, the court observed that the conviction did not require disclosure under election law since no sentence of imprisonment was imposed. Consequently, the petition did not establish a sustainable cause of action and was dismissed at the threshold.
