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 major political parties. In view of this alliance between the two major parties, the alliance was in majority having regard to the electoral roll. It is alleged that respondent No.1 was a Pakistani National as well as a citizen since partition of British India before acquisition of Indian citizenship in the year 1991. The name of respondent No. 1 was enrolled in the voters list of 1995 in Jalgaon Local Authorities Constituency. One Sushila Patil submitted an application to the Returning Officer to supply copies of several documents including the evidence in support of domicile and nationality of respondent No. 1 i.e. the information in respect of (l) the name of the country of which respondent No.1 was a citizen, (2) the date on which the respondent No. 1 renounced citizenship of earlier country and (3) the date on which he has acquired citizenship of India. The Returning Officer informed that certificate of citizenship of respondent No. 1 was not available in the file and expressed inability to supply the same. The petitioner also made an inquiry as to whether the respondent No. 1 renounced his Pakistani nationality and citizenship and acquired Indian citizenship. According to the petitioner, he made attempts to secure documents, but were not supplied to him. Hence, according to him, respondent No.1 has not renounced Pakistani nationality and citizenship and had illegally obtained Indian citizenship and as such, not eligible to contest the election.

4. In the Election Schedule, on 30-112004, in all 513 voters exercised their right of voting. Out of 513 ballots, 27 votes were found invalid and rejected. 486 votes were valid. The petitioner polled 240 votes whereas the respondent No. 1 polled 246, and as such, the respondent No. 1 was declared to be elected.

5. The validity of the election of respondent No. 1 is challenged by the petitioner in this petition on the following grounds.

[a] The respondent No. 1 had obtained Indian citizenship by practising a fraud, and therefore, was not eligible to be a Member of Maharashtra Legislative Council.

[b] Illegal rejection of valid votes and illegal acceptance of invalid votes as valid one.

[c] Exercise of undue influence by respondent No. 1 and won over the votes of the members of Nationalist Congress Party.

[d] Respondent No.1 secured votes on payment of bribe.

Thus, the allegations against the respondent No.1 made in this petition are that the respondent No.1 has indulged in malpractices of bribery for the purpose of being elected, and on these grounds, petitioner claims declaration that the election of respondent No. 1 is null and void and to set aside the said election with further relief to declare the petitioner duly elected as Member of Maharashtra Legislative Council from Jalgaon Local Authorities Constituen

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