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2008 Supreme(Bom) 101

NISHITA MHATRE
Tukaram S. Dighole – Appellant
Versus
Manikrao Shivaji Kokate – Respondent


Advocates:
ADVOCATE APPEREAED
Mr.Pradeep Rajgopal i/b Mandar Goswami for Petitioner
Mr.M.M. Vashi i/b S.M. Sabrad for Respondent

JUDGMENT:

1. This election petition challenges the declaration of the respondent as the elected candidate from 69, Sinnar constituency at the election held on 13.10.2004. It has been filed by a candidate of the NCP-Congress and R.P.I. alliance who unsuccessfully contested the elections. The petitioner has alleged that the respondent has indulged in corrupt practices thereby materially affecting the result of the election for the Sinnar constituency. The petitioner has prayed that the election of the respondent be declared void u/s 100 1(b), 100 1(d)(ii), 100(d)(iv) of the Representation of the People Act, 1950 (for short, hereinafter referred to as ‘the Act’).

2. The petitioner has alleged that the returned candidate had flagrantly violated the provisions of the Act and the election rules framed thereunder. He has also alleged that the returned candidate had violated several orders of the election commission issued under the provisions of the Act. The petitioner has pointed out in his election petition that 135065 votes were cast. The respondent secured 67556 votes while the petitioner managed 47593 votes. The respondent was therefore, declared elected by the







































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