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2004 Supreme(SC) 879

R. C. LAHOTI, G. P. MATHUR, C. K. THAKKER
Mahadeorao Sukaji Shivankar – Appellant
Versus
Ramaratan Bapu – Respondent


JUDGMENT

Thakker, J.-The present appeals have been filed by the appellant, returned candidate against the common order passed by the High Court of Judicature at Bombay (Nagpur Bench) in Civil Application Nos. 473 of 2000, 474 of 2000 and 2321 of 2000 in Election Petition No. 1 of 1999. By the said order, Civil Application Nos. 473 of 2000 and 474 of 2000 filed by the appellant herein were rejected by the Court and Civil Application No. 2321 of 2000 filed by the first respondent herein came to be allowed.

2. To appreciate the questions raised by the appellant before us, relevant facts may be stated:

The appellant before us contested an election from 148 Amgaon Legislative Constituency, Bhandara, Maharashtra. The first respondent also contested the election from the same Constituency. Whereas the appellant got elected, the first respondent lost the election. The later, therefore, filed an Election Petition No. 1 of 1999 in the High Court of Judicature at Bombay (Nagpur Bench) for setting aside the election of the returned candidate inter alia on the ground of corrupt practices adopted by the returned candidate. It was alleged that the returned candidate had not submitted correct and tru















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