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1997 Supreme(Bom) 670

A.D.MANE, B.H.MARLAPALLE
Yeshwantrao Kankarrao Gadakh – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - B.H. MARLAPALLE, J.:---Rule. On the request of the learned Counsel for the parties, rule is made returnable forthwith.

2.The petitioner had contested the Parliamentary elections held in 1991 from 39 Ahmednagar (South) Constituency. The petitioner was declared elected as Member of Parliament in the said elections. However, the election of the petitioner was challenged by one of the unsuccessful candidates namely; Shri E.V. alias Balasaheb Vikhe Patil in Election Petition No. 2 of 1991 in this Court. This Court ultimately allowed the said election petition by judgment and order dated 30th March, 1993. This Court held that the petitioner was guilty of corrupt practices and accordingly on that ground his election was set-aside. Being aggrieved by the aforesaid decision of this Court, the petitioner filed Civil Appeal No. 2115 of 1993 before the Supreme Court. The Supreme Court partly allowed the appeal of the petitioner by its judgment and order dated 19-11-1993. However, so far as the findings of this Court regarding commission of corrupt practices by the petitioner and the resultant disqualification of the petitioner were concerned, the judgment of this Court was upheld b






























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