JUDGMENT - M.M. Qazi, J.:---The petitioner was a candidate for the Maharashtra Legislative Assembly Election of Adyar Constituency No. 144 held on 27-2-1990 along with respondent Nos. 1 to 26. The respondent No. 27 was the Returning Officer of the said election. The polling of the said constituency was over on 27-2-1990 at 5-00 P.M. Counting of votes started on 1-3-1990 at 8-00 A.M. and completed on 2-3-1990 at about 8-00 A.M. Immediately after result was announced and the respondent No. 1 (hereinafter referred to as 'the returned candidate') was declared elected.

Total number of votes polled was .. 1,03,226

near about 71.5%

Total number of votes found in favour of .. 28,091

the returned candidate

Total number of votes found in favour of .. 20,521

the petitioner.

The petitioner contested the election on the ticket of the Republican Party of India (Khobragade) an his symbol was HORSE while the returned candidate Vilas Vishwanath Shrangarpawar contested the election as an independent candidate and his symbol was MASHAL (Torch).

2. According to the petitioner, through the returned candidate contested the election as an independent candidate, his propoganda was as if he was an o

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