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2003 Supreme(Bom) 785

P.V.HARDAS
Chandrakant Uttam Chodankar – Appellant
Versus
Dayanand Rayu Mandrekar – Respondent


Advocates Appeared:
Mr. J.E. Coelho Pereira, Senior Advocate with Mr. S. Karpe, Advocate, for the petitioner:V.P. Thali with Miss G. Pednekar, Advocates, for the respondent No.1:Ms. Shanti Fonseca, Advocate, for the respondent No.2 absent.

JUDGMENT

P.V. Hardas. J.- The election petitioner, an unsuccessful candidate at the General Elections to the Legislative Assembly of Goa, held on 30th May, 2002, has challenged the election of the respondent No. 1, the returned candidate, who was declared elected from the Siolim Assembly Constituency. The Chief Electoral Officer of the State of Goa by Notification No. 464/GOA-LA 2002, dated 6th May, 2002, and under sub-section (2) of Section 15 of the Representation of the People Act, 1951, had called upon the Assembly constituencies of the State of Goa to elect members to the Legislative Assembly of the State of Goa and had further appointed the dates for different stages of the election by publication in the Official Gazette, Series II, No.5, Extraordinary, dated 6th May, 2002. The copy of the Gazette is annexed to the election petition as Exhibit ‘A’. The election petitioner was nominated as a candidate at the General Elections to the Legislative Assembly of the State of Goa from the Siolim-Constituency. The returned candidate was also nominated as a candidate at the said General Elections to the Legislative Assembly of the State of Goa from the Siolim Assembly Constituency. The



























































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