Bombay HC Dismisses Election Petition Challenging Shiv Sena (UBT) Leader Sanjay Dina Patil’s Victory

Mumbai: The Bombay High Court on Tuesday dismissed an election petition filed by Shahaji Thorat, an independent candidate, challenging the election of Shiv Sena (UBT) leader Sanjay Dina Patil from Mumbai’s North East constituency in the recent Parliamentary elections.

Thorat, a taxi driver who contested the election, alleged that Patil’s nomination was invalid as he failed to include his mother’s name along with his father’s name, which was mandatory. Thorat also sought to be declared the elected candidate in Patil’s place.

Patil’s lawyer, Advocate Vijay Nair, argued that the petition was fundamentally flawed as it failed to implead all the contesting candidates, a mandatory requirement under Section 82 of the Representation of the People Act. Nair submitted,

The court noted that the election results were declared on June 4, 2024, but Thorat only sought to add the other 18 contesting candidates as respondents on September 3, well beyond the statutory 45-day period. Nair argued that these candidates had the right to file Petitions seeking their own election, and failing to implead them within the prescribed timeline violated the law.

Justice Sandeep Marne observed that the election results were declared on June 4, 2024, while Thorat filed his application to add the other 18 candidates as respondents on September 3, well beyond the statutory 45-day period.

“When the Petitioner, in addition to challenging the election of the returned candidate, seeks a declaration of his own election, the other contesting candidates must be given an opportunity to contest this claim,” Justice Marne stated.

The court emphasized that Thorat neither impleaded the other candidates as respondents nor sought a proper application to do so. “Even a single material defect in the Election Petition must lead to its dismissal,” Justice Marne noted, ruling that the petition was non-compliant with mandatory legal requirements.

Consequently, the court dismissed Thorat’s plea under Section 86(1) of the Act, citing his failure to meet procedural mandates.