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2010 Supreme(Bom) 650

A.H.JOSHI
Shishupal Natthuji Patle – Appellant
Versus
Praful Manoharbhai Patel – Respondent


Advocates Appeared:
Mr. ASHUTOSH C. DHARMADHIKARI, Adv. with Advs. Mr. NITIN RODE and Ms. TRIPTI JHAVAR, for Applicant-Respondent.
Mr. A. V. BHIDE and Mrs. A. A. BHIDE, Advs., for Petitioner.

JUDGMENT

BELOW EXHS.10, 22 & 24:-

In this Election Petition, the respondent has filed Written Statement and has raised objection to its maintainability on various grounds as narrated in Application [Exh.10]. Additional objections and grounds have been raised by filing another application [Exh.22]. These applications have been replied by filing a detailed reply.

The petitioner has filed application [Exh.24] for leave to cure certain defects in the Election Petition.

All these applications were heard together at length.

2. After perusal of pleadings and after hearing the learned Advocates, this Court had framed Issues at Exh.14, which are as follows:-

"(i) Whether the petition presented by the petitioner is liable to be dismissed under section 86 of the Representation of People Act, 1951 for non-compliance of the mandatory provisions of Section 81 (1) and 81 (3) of the said Act?

(ii) Whether the petition presented by the petitioner is liable to be rejected under Order 7, Rule 11 of the Code of Civil Procedure as it does not comply with the mandatory provisions of Section 83(l)(a) and (b) and 83(2) of the Representation of People Act. 1951 and does not disclose any cause of action?

(ii-A) Whe







































































































































































































































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