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2016 Supreme(Bom) 846

T.V.NALAWADE
Annarao – Appellant
Versus
Amit – Respondent


Advocates Appeared:
For the Petitioner: N.V. Gaware, G.K. Sontakke, Mrs. P.G. Sontakke AGP
For the Respondent: S.P. Sonpawale, V.D. Hon, Sr. Counsel i/b. A.V. Hon

ORDER :

1. Respondent No. 1, the returned candidate has filed application for rejection of plaint under Order VII, Rule 11 of Civil Procedure Code (hereinafter referred to as 'C.P.C.' for short). Both the sides are heard.

2. The election to Constituency of Maharashtra Legislative Assembly bearing No. 235 (Latur) of respondent No. 1 in the General Election of 2014 is challenged in the Election Petition. Declaration is claimed that the election of respondent No. 1 is void as he indulged in corrupt practices. The petitioner had also contested the election as a candidate of one registered political party. Respondent No. 1 was candidate of Congress I party and he received 1,19,656 votes out of 2,03,453 polled votes. Respondent No. 6, a candidate of other national level political party secured second number of votes viz. 70,191. The petitioner secured 403 votes in the election.

3. The petitioner is an advocate and he also claims to be a social activist. It is the case of petitioner that respondent No. 1 is influential person as he is son of Ex-Chief Minister of Maharashtra and he used his influence in election process. Allegations are made that respondent No. 1 spent amount more than permis













































































































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