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2013 Supreme(Bom) 1574

ANOOP V.MOHTA
Jaywantrao Pundalikrao Jadhav – Appellant
Versus
Shivaji Laxman Sahane – Respondent


Advocates Appeared:
For the Petitioner:S.G. Aney, Senior Advocate with Vijay Nair i/by Prashant P. Kulkarni, Advocates. For the Respondents:R1, Mahesh Jethmalani, Senior Advocate with Pravin B. Gole with Ms. Chaitra Pawar with S.S. Deshmukh, Advocates, R2 to R5, None.

JUDGMENT :

1. Heard the learned senior counsel appearing for the parties, on the following preliminary issue.

(1) Whether the Recrimination Petition is barred by limitation?

2 Following are the basic events for the purpose of testing the present issue.

The result of the Biennial Election held for Nashik Local Authorities Members Constituency was declared on 28 May 2012. The Recrimination Petitioner was declared as Returned Candidate. Election Petition No. 1 of 2012 filed on 19 June 2012, challenging the election of the Returned Candidate by the Petitioner.

3 On 23 July 2012, this Court passed the following order: “Admit.

2. Issue notice to all the Respondents for final disposal, returnable on 3rd September, 2012.

3. Hamdast is allowed.”

4 The office-Registrar issued notice in the following terms:

“To

1. Election Commissioner, …....Respondent No.1,

Election Commission of India,

Nirvachan Sadan, Ashok Road,

New Delhi 110 001.

2. Chief Electoral Officer, …....Respondent No.2,

Mantralaya,

Mumbai 400032.

3. The Returning Officer, …....Respondent No. 3,

Nashik Local Authorities Constituency,

Office of District Collector,

Nashik.

4. Mr. P. Velarasu …....Respondent No.4,

Acted






















































































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