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2017 Supreme(Bom) 567

R.D.DHANUKA
Avadhoot Anil Tatkare – Appellant
Versus
Avadhoot Anil Tatkare – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Satish Borulkar with Mr.Pradeep Patil and Mr.Pravin Gole i/b Mr.Sachin Bagal
For the Respondent: Ms.Jai Kanade with Mr.B.G. Ligade i/b Mr.Drupad Patil

JUDGMENT :

1. By this application, the applicant (respondent no.1) seeks dismissal of the Election Petition No.20 of 2014 in limine on various grounds set out in the civil application. Some of the relevant facts for the purpose of deciding this application are as under :

2. The original petitioner i.e. Ravindra Ramji Mundhe has challenged the election of the applicant as a Member of Maharashtra Legislative Assembly from Shrivardhan Legislative Assembly Constituency No.193 in the General Elections of Vidhansabha held in the year 2014 on various grounds set out in the said election petition. The said election was challenged basically on two grounds i.e. (i) the applicant had indulged in corrupt practice and (ii) on the grounds mentioned in section 100(1)(d)(iii) of the Representation of People Act, 1951. On 8th May, 2015, the applicant filed written statement in the said election petition raising various objections. In paragraph 2 of the written statement, it was contented by the applicant herein that the election petition was liable to be dismissed on the ground that the same was filed without complying with the mandatory provision of section 83 of the Representation of People Act, 19








































































































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