JUDGMENT - M.S. Rane, J.:---The petitioner an unsuccessful candidate has questioned the validity and legality of the election of the 1st respondent held on 9-2-89, for constituency No. 89, Dhule City, District Dhule. The challenge is directed upon three grounds viz: (i) The respondent his election agent or persons with consent of the respondent or with consent of the election agent having published sample/dummy voting papers/ballot papers resembling the voting papers/ballot papers of the election agency and having distributed the same on the day of election in the polling booths for the purpose of promotion of his election in breach of Code of Conduct of Election Commission; (ii) respondent his election agent or persons with his consent or with the consent of his election agent having canvassed within the prohibitory area like polling stations for the promotion of his election contrary to the provisions of section 130 of the Representation of Peoples' Act, 1951 (hereinafter referred to as 'the said Act'); and (iii) The respondent, his election agent and person with the consent of respondent or his election agent having indulged in corrupt practices as defined under section 123(2

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