JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---The petitioner who was defeated in the election to the Maharashtra Legislative Assembly from 71 Yeola Assembly Constituency which was held on 11th September 1999, filed this petition. He challenges the election of the respondent No. 1, who was declared elected on 7-10-1999 for having secured 39419 votes as against the petitioner, who is the immediate defeated candidate having secured 39198 votes. So the petitioner was defeated on a margin of 221 votes.

2.The petitioner had contested the election as an official candidate of Congress (I) on the symbol of "HAND", and the first respondent had contested the election as an official candidate of Shiv Sena whose symbol is "BOW AND ARROW".

3.The petitioner challenges the election of the first respondent on the ground of corrupt practices and also on material irregularities of counting of votes. The first respondent appeared and filed the written statement. He has also taken out a Chamber Summons being No. 184/2000, raising preliminary objection and praying for dismissing the election petition under section 86 of the Representation of Peoples Act 1951 (hereinafter called the Act) for non-compliance o

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