Bombay HC Imposes 25K Cost on Litigant For Wasting Time of The Court [Read Judgment]
5 years, 1 month ago

Bombay HC Imposes 25K Cost on Litigant For Wasting Time of The Court [Read Judgment]

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The Bombay High Court on Tuesday imposed a cost of Rs.25,000 on one Shrikrishna Adbol who had challenged the election of Akola Member of Parliament Sanjay Dhotre, presently the Union Minister of State for Department of IT and Telecommunication, in a writ petition alleging suppression of expenditure incurred by him during the 2014 Lok Sabha election. Division bench of Justice RV Ghuge and Justice SM Modak of the Nagpur bench dismissed the said petition after concluding that instead of an election petition under Section 81, the petitioner had filed a writ petition invoking Section 10 A of the Representation of People's Act even though the said provision simply pertained to the legal formality of lodging account of election expenses within the time and the manner required by the Act. He sought Sanjay Dhotre's disqualification, on the ground that the election expenses were not lodged within the prescribed time under Section 10-A of the Representation of the Peoples Act, 1951. Finally, Court said- "Section 81 under Chapter II of the Representation of the Peoples Act, 1951 provides for filing of an election petition calling in question any election, to be presented on one or more of the grounds specified in sub-section of Section 100 and Section 101, to the High Court, by any candidate at such election or any elector, within forty-five days from the date of the election of the returned candidate.

History of this topic

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