Election Challenge

The election petition challenged the victory of AIMIM MLA Mufti Mohammad Ismail Abdul Khalique from the Malegaon Central constituency. The petitioner alleged corrupt electoral practices based on religious speeches, campaign material and congregational prayers.

It was also alleged that deceased voters had participated in the election and that communal divisions had been encouraged during campaigning.

Court's Analysis

Justice N.J. Jamadar observed that offering a Dua for electoral success differs fundamentally from requesting votes on the basis of religion. Likewise, the congregation's response of 'Amen' merely reflected agreement with the prayer and could not be treated as an electoral commitment.

The Court reiterated that merely referring to religion in a speech does not automatically amount to a corrupt electoral practice unless there is a direct appeal asking electors to vote because of religion.

Insufficient Evidence

The Bench found that allegations concerning campaign speeches, pamphlets and voting irregularities lacked the detailed pleadings and supporting evidence required under election law.

Claims regarding deceased voters were unsupported by polling records, affidavits or other reliable evidence.

Decision

Holding that the election petition failed to disclose a complete cause of action, the Bombay High Court rejected the petition under Order VII Rule 11 CPC and upheld the returned candidate's election.