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1996 Supreme(Bom) 199

A.P.SHAH
Vejhurani Thakurdas Jhamandas – Appellant
Versus
Sabir Shaikh – Respondent


JUDGMENT - A.P. SHAH, J. :---The petitioner contested the General Election to the Maharashtra Legislative Assembly from Ambernath Assembly Constituency. The polling took place on 12th February, 1995; the result were declared on 12th March, 1995 and the respondent was declared elected from the said constituency. It is the case of the petitioner that the respondent has committed several corrupt practices and, therefore, his election is liable to be declared void. The alleged corrupt practices on the part of the respondent are narrated in paragraphs 4 to 15 of the petition.

The respondent has filed Chamber Summons No. 150 of 1996 raising preliminary objection to the maintainability of the petition. The respondent contends that the allegation in the petition are vague and they are frivolous and vexatious. It is also contended that the petitioner has not complied with the mandate of section 83 of the Representation of the People Act, 1951 ("the Act", for short). The respondent prays that the allegations of corrupt practices in paragraphs 4 to 15 should be struck off under Order VI, Rule 16 of C.P.C. and the petition be dismissed under Order VII, Rule 11 of C.P.C., since, after striking























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