Anna Bansode to Stand Trial as HC Upholds Petition on “False Affidavit & EVM Flaws”

Mumbai, November 20, 2025: The Bombay High Court has delivered a detailed judgment refusing to summarily dismiss an election petition against Anna Bansode, the elected MLA from the 206-Pimpri (SC) Assembly Constituency. Justice Gauri Godse, in a reasoned 31-page order, held that the petition filed by defeated candidate Sulakshana Raju Dhar disclosed a valid cause of action and must proceed to a full trial.

The petition challenges the outcome of the November 2024 Assembly election on two grounds: that Bansode filed a false affidavit by concealing joint ownership of agricultural land and omitting financial liabilities disclosed in earlier election affidavits, and that there were serious EVM-VVPAT irregularities — including detachable sticker-based serial numbers instead of permanently engraved marks, and non-compliance with Election Commission SOPs.

Threshold Arguments. Arguing for summary dismissal, Bansode's counsel contended the petition was “bereft of material facts,” its verification defective, and that it amounted to a “fishing inquiry” with no genuine cause of action, citing Supreme Court precedent on the strict, statutory nature of election petitions. Dhar's counsel countered that the necessary material facts had been clearly pleaded, supported by documents including 7/12 extracts and RTI correspondence, and that finer particulars could be proved at trial.

Court's Findings. Justice Godse held that the petition sufficiently pleaded grounds under Section 100(1)(d)(i) and (iv) of the Representation of the People Act, distinguishing between “material facts” (which must be pleaded) and “particulars” (which are proved at trial). The court accepted that Dhar's verification, based on her personal knowledge as a candidate who filed objections and witnessed the process, was appropriate, and held that Bansode's defence — including his explanation about land records — was a “matter of trial,” not a ground to reject the petition.

“By no stretch of imagination can it be said that the material fact... has not been stated in the petition for rejecting the petition at the threshold. The cause of action has been disclosed. Therefore, the petition cannot be rejected at the threshold,” Justice Godse held, dismissing Bansode's application and sending Election Petition No. 18 of 2025 to trial, where both sides will exchange witnesses and documents before the EVM and affidavit allegations are examined in full.