1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Application No.11 of 2010 IN Election Petition No.30 of 2009 Dadaji Dagadu Bhuse .. .. Applicant/ (Orig.Respondent) v/s. Arjunada Dashrath Bhuse .. Respondent (Orig.Petitioner) Mr.Pramod N. Patil with Mr.Vishal Bhode for Petitioner. Mr.Mukesh M. Vashi with Mr.Suresh M. Sabrad for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 23rd June, 2010 P.C. : 1.This Application is taken out for striking off certain parts of the petition under the provisions of Order 7 Rule 11 of the Code of Civil Procedure. 2.The Election Petition shows certain facts of how the Petitioner came to file this Petition and grounds for challenge to the election of the Respondent under Section 100(a),(b),(d)(i) and (d)(ii) of the Representation of the People Act, 1951. 2 3. The Petitioner has essentially challenged the successful election of the Respondent on the ground of his oath not being in accordance with the required form, his nomination papers being defective in view of certain details as to the criminal cases filed against him not being furnished and as to his assets as well as the assets of his family members not being shown, a departmental inquiry that ensued against the Respondent and its consequent result and the fact that his nomination papers incorrectly show the party that he represents. 4.These averments would have to be tested on the admitted documents and any further evidence, if any, that the Petitioner might have to lead. It would ultimately be concluded upon further documents that the Respondent might show to justify his candidature or to meet the case of the Petitioner upon any incorrect facts. 5.Consequently, a case for rejection of the Petition or striking out any parts in the Petition is not made out. The Application is rejected. 6.The Petition is adjourned to 6.7.2010 forframing issues. (SMT.ROSHAN DALVI, J.)