Aashish Kishor Gadkari vs The Election Commission Of India

ik-194845322 Bombay High Court 6 November 2024 • WRIT PETITION (L.) NO. 33675 OF 2024 • 14 min read

Judges (2)

Counsel (5)

Parties (3)

Case Significance

Aashish Kishor Gadkari vs The Election Commission Of India is a Bombay High Court decision dated November 6, 2024 (citation: ik-194845322). The petitioner challenged the rejection of his nomination to contest the Maharashtra Legislative Assembly elections from the 173 Chembur constituency. The key issues were whether the Returning Officer improperly refused to allow rectification of defects during scrutiny and whether the oath was administered within the stipulated time. The Division Bench discharged the rule and dismissed the petition, holding that the nomination form lacked the proposer's signature and the oath was not administ The bench comprised Justices Arif S. Doctor and Somasekhar Sundaresan. The judgment was delivered by Justice Somasekhar Sundaresan. Counsel appearing: Akshay Shinde (counsel for respondent), Arshad Shaikh (counsel for petitioner), Himanshu Takke (counsel for respondent), Khushboo Jain (counsel for petitioner), Prashant Trivedi (counsel for petitioner).

Summary

The petitioner challenged the rejection of his nomination to contest the Maharashtra Legislative Assembly elections from the 173 Chembur constituency. The key issues were whether the Returning Officer improperly refused to allow rectification of defects during scrutiny and whether the oath was administered within the stipulated time. The Division Bench discharged the rule and dismissed the petition, holding that the nomination form lacked the proposer's signature and the oath was not administered within the stipulated time, finding no case for intervention under Article 226.

What was the outcome of Aashish Kishor Gadkari vs The Election Commission Of India?

The petitioner challenged the rejection of his nomination to contest the Maharashtra Legislative Assembly elections from the 173 Chembur constituency. The key issues were whether the Returning Officer...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-194845322)