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1993 Supreme(Kar) 133

N.D.V.BHATT
S. B. AMARKHED – Appellant
Versus
BASANAGOUDA – Respondent


Advocates:
B.J.SOMAYAJI, CHANNA BASAPPA DESAI, P.S.MALI PATIL, PRAMILA M.NESARGI, R.J.DESAI, V.R.DATAR

N. D. V. BHATT, J.

( 1 ) THIS petition is filed under Section 81 of the Representation of People Act, 1951 (hereinafter referred to as 'the act') by the unsuccessful candidate Dr. S. b. amarkhed praying for declaring the election of respondent 1 to the 23-manvi assembly constituency as void under the Provisions of Section 100 (1) (a), (b) and (d) of the Act, on the count that respondent 1 was disqualified to be a member of the state legislative assembly under article 191 (1) (a) of the Constitution of india; as also on the count that corrupt practices such as, rigging and booth capturing have been practised at the election by respondent 1 and his supporters and also on the count that the result of the election in so far as it concerned respondent 1 has been materially affected. The petitioner has also prayed for declaring him as having been duly elected from the said constituency.

( 2 ) GENERAL election to 23-manvi assembly constituency was held on 24-11-1989. The last date for filing nomination to the said election was on 30-10-1989. Petitioner and respondents-1 to 6 had filed their nominations. The scrutiny of the nomination papers took place on 2-11-1989. The last date for withdr




































































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