GAIKWAD M.G., J.: - Heard learned Counsel, appearing for the respective parties.

2. By this petition under section 80 of the Representation of the People Act, 1951, petitioner challenges the election of respondent No.1 as a Member of Maharashtra Legislative Council from Jalgaon Local Authorities Constituency, Jalgaon.

3. The brief details of the election are as follows.

[a] Election programme declared 10-11-2004

[b] Date of filing nominations 11-11- 2004

[c] Date of Polling 30-11-2004

[d] Declaration of result 2-12-2004

[e] Date of filing of Election 17 -1-2005

Petition

[f] Date of filing of affidavit 19-1-2005

in Form No. 25

The petitioner was nominated as a candidate put up by Nationalist Congress party whereas the respondent No.1 contested the election as an independent candidate. The election being an election from Jalgaon Local Authorities Constituency, the members of Panchayat Samitis, Zilla Parishads, Municipal Councils in Jalgaon District were the valid voters. There was alliance between Indian National Congress (I) and Nationalist Congress Party. The petitioner being a candidate put up by Nationalist Congress Party, due to alliance, he was a candidate sponsored by both

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