JUDGMENT

D.K. Jain, J.

1. This appeal under Section 116-A of the Representation of the People Act, 1951 (for short “the Act”) is directed against the final judgment and order dated 25th January, 2008, rendered by the High Court of Judicature at Bombay in Election Petition No.13 of 2004, whereby the election petition preferred by the appellant, challenging the election of the respondent to the House of People (Lok Sabha) from 69, Sinnar Parliamentary Constituency in the State of Maharashtra has been dismissed.

2. Briefly stated, the material facts giving rise to the present appeal are as under: Election to the said parliamentary constituency was held on 13th October, 2004 and the results were declared on 16th October, 2004. The appellant contested the elections as a candidate of NCP- Congress — R.P.I. alliance, whereas the respondent contested the election as a Shiv Sena — Bharatiya Janta Party alliance candidate. Out of a total of 1,35,063 votes cast in the election, while the respondent secured 67,556 votes, the appellant could manage 47,593 votes. Resultantly, the respondent was declared elected.

3. Not being satisfied with the election result, the appellant preferred an election