The above Civil Application has been filed by the Applicant, who is the original Respondent in Election Petition No.16 of 2009. for the following relief:

"(a) That if be declared that the contents of paragraphs No.11, 12, 13, 17 of the Election Petition which are specified in the copy of the petition annexed at Annexure-A by bracketing the Application No.24/10 in EP No. 16/09 pleadings in red ink, do not make out a case that the applicant has committed breach of Section 33-A r/w rule 4-A of the Conduct of Election Rules 1961 r/w the directions/order dated 27th March. 2003 issued by the Election Commission of India and the same be directed to be struck off from the present election petition."

2. In the context of the aforesaid prayer sought by the Applicant/original Respondent. it would be relevant to refer to the challenge raised in the Election Petition on the basis of which the Election of the Applicant/Original Respondent, who is the elected candidate from the Sawantwadi Legislative Assembly Constituency is sought to be set aside.

3. The Petitioner is a voter of the Sawantwadi Legislative Assembly Constituency and he seeks to challenge the election of the Respondent on the