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1995 Supreme(SC) 729

FAIZAN UDDIN, G.N.RAY
Das Rao Deshmukh – Appellant
Versus
Kamal Kishore Nanasaheb Kadam – Respondent


Advocates:
AMIT DHINGRA, GIRISH DESAI, K.L.Taneja, Makarand D.Adkar, P.H.Parekh, R.B.Masodkar, RAJU RAMACHANDRAN, S.U.K.SAGAR, V.C.KOTWAL

ORDER

G. N. Ray, J.

1. This appeal is directed against the judgment dated July 18, 1991 passed by the Bombay High Court (Aurangabad Bench) in Election Petition No. 8 of 1991. The respondent No. 1 in this appeal, Sri Kamal Kishore Nanasaheb Kadam preferred Election Petition No. 8 of 1991 before the Aurangabad Bench of the Bombay High Court inter alia challenging the election of the appellant Dr. Das Rao Deshmukh from Assembly Constituency No. 170 Nanded in the Maharashtra Legislative Assembly held on February 27, 1990. Having secured the highest vote in the said election, the appellant was declared elected to the Maharashtra State Legislative Assembly in the said election from the Nanded Assembly Constituency. By the impugned judgment, such election of the appellant was declared null and void on the ground of corrupt practice indulged by the appellant Dr. Das Rao Deshmukh under S.123(3) and 123(3A) of the Representation of the People Act, 1951 (hereinafter referred to as the Representation Act). The High Court, by the impugned judgment, also awarded a cost of Rs. 10,000/- against the appellant and in favour of the election petitioner. It may be indicated here that shortly after the h



















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