JUDGMENT - 1. This is an appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as the Act). In the Genera! Election of Members to the Maharashtra Legislative Assembly from the Alibag Constituency of the Kolaba District, the appellant-petitioner D. N. Patil, the first respondent, D. K Khanvilkar, and the second and third respondents were the contesting candidates. The appellant who belongs to the Peasants and Workers Parly was a candidate in the said Election on behalf of the Sarnyukta Maharash-tra Samiti; the first respondent was a candidate on behalf of the Congress Party; respondent No. 2 was a candidate put up by. the Praja Socialist Party, and the third respondent was a candidate put up by the Bharatiya Jan Singh. The candidature of the appellant and the Erst respondent was announced sometime in August 1961; the polling took place on 22nd February, 1962, and the results were declared on 28th February, 1962. The first respondent was declared elected at the Election as a result, of the counting of votes. The votes secured by the respective candidate were as follows;

1). Petitioner (Appellant) .. 13,494

2). Respondent No 1 .. 18,762

3) Resp

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