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1991 Supreme(SC) 144

KULDIP SINGH, P.B.SAWANT, K.N.SINGH
Manohar Joshi: Chhagan Bhujbal – Appellant
Versus
Damodar Tatyaba Alias Dadasaheb Rupwate – Respondent


JUDGMENT

P.B.SAWANT, J.

(1) THESE two petitions arise out of a common order dated 29/10/1990 passed by the Bombay High court in Election Petition No. 5 of 1990 and raise a common question of law. Hence they are disposed of by this judgment.

(2) LEAVE is granted in both the petitions.

(3) THE election petition in which the impugned order is passed was filed by a defeated candidate (respondent 1 against the elected candidate (respondent 2 and other contesting candidates challenging the validity of the election of respondent 2 to the Lok Sabha from the Bombay South central Constituency in the election held on 24/11/1989. The election of respondent 2 is challenged in the petition, among other things, on the ground of corrupt practices under Ss. (2, (3 and (3-A) of S. 123 of the Representation of the People Act, 1951 (hereinafter referred to as the "Act"). It appears from the impugned order that the High court has reached a stage in the trial of the election petition where examination-in-chief and cross-examination of about 14 witnesses has been completed and various documents have been brought on record. It is at this stage that the impugned order has

































































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