1 The petitioner is challenging the election of Respondent No.1 who is a returned candidate from 85-Bhokar Legislative Assembly Constituency.

2 The general elections to the Legislative Assembly of the State of Maharashtra were held and results came to be declared on 22.10.2009. The petitioner was also one of the contesting candidates at the election. The petitioner contested election as an independent candidate, whereas Respondent No.1 was set up as a candidate by Indian National Congress Party. Respondent No.1 got elected by a margin of more than one lac votes. He polled 79.65% of the votes, whereas, petitioner could secure 8.79% of the votes polled. The challenge raised by petitioner to the election of Respondent No.1 is mainly based on corrupt practice within the meaning of Section 123 of the Representation of People Act, 1951.

3 Respondent No.1 has presented written statement and has controverted the contentions raised by petitioner in the election petition. In the written statement presented by Respondent No.1 as well as in the application presented at Exhibit-17, Respondent No.1 has raised preliminary objection in respect of maintainability of the petition. Responden