Bombay High Court

PRASHANT BABAN YADAVversusSHEKHAR GOVINDRAO NIKAM

Disposal: Dismissed

Holding

The election petition is dismissed for default.

Summary

The petitioner, Prashant Baban Yadav, filed an election petition seeking compliance with Section 109 of the Representation of the People Act, 1951. The petitioner failed to comply with the order and the petitioner’s counsel was absent on several occasions. The court had previously granted additional time for compliance, warning that the petition would be dismissed for default. On the date of hearing, the petitioner’s counsel confirmed that no compliance had been made and the petitioner appeared to have lost interest in pursuing the case. Consequently, the court dismissed the election petition for default.

Issues considered

Whether the election petition should be dismissed for default due to the petitioner’s failure to comply with Section 109 of the Representation of the People Act, 1951

Legislation cited

Representation of the People Act, 1951 — s. 109

Subjects

Election Petition
Default Dismissal
Section 109
Representation of the People Act
Compliance

Judgment

                       1                       74-EP-21-2025 (C)

   IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT
                    BENCH AT KOLHAPUR
               CIVIL APPELLATE JURISDICTION

               ELECTION PETITION NO. 21 OF 2025

Prashant Baban Yadav                        …...Petitioner
      Vs.
Shekhar Govindrao Nikam                     …...Respondent

                             WITH
          APPLICATION IN EP (STAMP) NO. 24935 OF 2025
                               IN
               ELECTION PETITION NO. 21 OF 2025

Prashant Baban Yadav                        ........Applicant
      Vs.
Shekhar Govindarao Nikam                    .......Respondent

                          WITH
      APPLICATION IN ELECTION PETITION NO. 4 OF 2025
                            IN
             ELECTION PETITION NO. 21 OF 2025

Shekhar Govindrao Nikam                     …........Applicant
      Vs.
Prashant Baban Yadav                       ….......Respondent

                              ...
Mr. Kedar Lad with Ms.        Poonam
                                 Dhotre, Advocate for
Applicant/Petitioner.
Mr. G. Shubham i/b Mr. Harshad Bhadbhade, Advocate for
Respondents.
                         …

                 CORAM :    SHAILESH P. BRAHME, J.
                   DATE :   5TH OCTOBER, 2026.

ORDER :
                            2                            74-EP-21-2025 (C)

.        It is revealed from the record that time was sought by the

Petitioner to comply with Section 109 of the Representation of the

People Act, 1951. No compliance was made, and the learned counsel

appearing for the Petitioner was also absent on a couple of occasions.

By the last order dated 01.07.2026, time was again granted for

compliance, and it was indicated that the matter would be dismissed

for default.


3.       Today, the learned counsel appearing for the Petitioner informs

that no compliance has been made.


4.       It appears that the Petitioner has lost interest in the matter.

Hence, the Election Petition is dismissed for default.




                                 [ SHAILESH P. BRAHME J. ]


Suresh

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