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2010 Supreme(Bom) 1058

B.P.DHARMADHIKARI
Ashok s/o Mahadeorao Mankar – Appellant
Versus
Rajendra Bhausaheb Mulak – Respondent


Advocates appeared:
For the Petitioner:A.M. Gordey, Senior Advocate with Atul Chandurkar, R.D. Raskar, A.S. Kilor, Advocates.
For the Respondents:S.V. Manohar with A.A. Naik, R1, U.R. Patil,R2, A.M. Gordey, Senior Advocate with Atul Chandurkar, R.D. Raskar, Advocates.

Judgment

On Civil Application 415/2010 at Exh. 7 in Election Petition No. 1/2010, on Civil Application 456/2010 at Exh. 7 in Election Petition No. 2/2010. on Civil Application 679/2010 at Exh. 9 in Election Petition No. 1/2010.

1. Challenge in both these Election Petitions is to election of one Shri Rajendra Mulak who is Respondent in Election Petition No. 1 and Election Petition No. 2 of 2010. Election Petitions are under Section 80 of Representation of People Act, 1951 and election is to Maharashtra Legislative Council from Nagpur Local Authorities Constituency. Result of this Election has been declared on 21/1/2010. There were only 2 contestants and Petitioner Shri Ashok Mankar in Election Petition 1/2010 secured 198 votes while Respondent Rajendra got 202 votes. Written Statement has been filed by parties and Respondent returned candidate filed separate applications under Order 7 Rule 11 of CPC seeking rejection of both Petitions on the ground that the mandatory requirements to sustain it as required by Representation of People Act, 1951 (hereinafter referred to as 1951 Act) are not satisfied. Civil Application 415/2010 at Exh. 7 is that application in Election Petition No. 1/2

















































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