JUDGMENT - R.G. DESHPANDE, J.:---The present election petition is filed challenging the election of the respondent No. 1 as a member of the Legislative Council from Ahmednagar; District Ahmednagar in the election held on 29th December, 1997, the result of which was declared on 31st December, 1997. The present respondent No. 1 contested the Legislative Council election of the Maharashtra Legislative Council from Ahmednagar, District Ahmednagar constituency (hereinafter referred to as "the Constituency" for the purposes of brevity). The petitioner also contested the said election and was sponsored by Shiv Sena party. The present respondent No. 1 was a candidate of Indian National Congress (I). There was a third candidate, namely, Dilip Kumar Gandhi, who was fielded by Bharatiya Janata Party (B.J.P.). Thus, in the fray, there were in all three candidates. The elections were held on 29th December 1997; whereas counting of votes was conducted on 31st December, 1997 and, on the same day, the results were declared. The respondent No. 1 was declared elected as he had secured 220 votes out of 320; whereas the petitioners secured 91 votes.

2.This case has got a bit chequered history. The resp

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