1. The petitioner Sonba Musale was intending to contest the election from 49, Saoner Legislative Assembly Constituency. He, therefore, submitted his nomination papers (Exh.32) with the returning officer on 26.09.2014. He was intending to contest the said election as a candidate of Bhartiya Janata Party. The respondent no.3 in the present election petition filed an objection before the returning officer (Exh.44) and the returning officer vide order dated 30.09.2014 rejected the nomination paper filed by the petitioner (Exh.47). The said act of the returning officer was challenged by filing a writ petition bearing Writ Petition No.375/2014 and the Division bench of this Court dismissed the said writ petition by upholding the preliminary objection raised by the respondents in the said writ petition in respect of the tenability of the writ petition by placing reliance on the provisions of Article 329 (b) of the Constitution of India. By a detailed judgment, the Division Bench upheld the preliminary objection and dismissed the said writ petition by keeping open all points raised in the petition. The petitioner thereafter approached to the Hon'ble Apex Court by filing a Special Leave Petition bearing S.L.P. No.27988/2014. However, the said special leave petition was withdrawn on 14.10.2014.

2. In the meanwhile, polling for the said Saoner Legislative Assembly Constituency had taken place and on 22.10.2014, respondent no.1 Sunil Kedar was declared as Returned Candidate by the returning officer from 49, Saoner Legislative Assembly Constituency.

3. On 01.12.2014, the petitioner presented the present election petition under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as the “Said Act” for the sake of brevity) and prayed as under:

“(i) Hold and declare that the election of the respondent no.1 returned candidate from 49 Saoner Legislative Assembly Constituency is void and same may kindly be quashed and set aside, in the interest of justice.

(ii) Grant any other relief which this Hon'ble Court may appears just and proper in the facts and circumstances of the present case as also in the paramount interest of justice, equity and fair play.”

PLEADINGS IN THE PETITION:

4. It is pleaded that the petitioner was elected as Member of the Zilla Parishad from the constituency namely; Patansawangi during the period of 2007 to 2012. It is further pleaded that the respondent no.1, who is returned candidate from 49, Saoner Legislative Assembly Constituency, whose election is called in question, contested the said election as a candidate set up by recognized the national political party namely; “Indian National Congress Party.”

5. It is pleaded that the Hon'ble Governor of Maharashtra issued a notification under Sub Section (2) of Section 15 of the said Act, which was published in the official gazette of the State on 20.09.2014. By the said notification, the Hon'ble Governor called upon all the assembly constituencies in the State to elect Members to the Legislative Assembly of the State, in accordance with the provisions of the said Act and rules and orders made thereunder.

As per the said notification, various dates were appointed for various stages. As per the appointed date by the Election Commission of India, the last date for making nomination was 27.09.2014. The date for scrutiny of nomination papers was 29.09.2014. The last date for withdrawal of candidature was 01.10.2014, declaration of official list of candidates was 01.10.2014. The date of the poll, if necessary, was 15.10.2014 and 22.10.2014 was the date before which the election was to be completed. The notification issued by the Election Commission of India is at Exh.42.

6. It is further pleaded by the petitioner that the petitioner was a partner in the partnership firm namely; “M/s. Musale Construction.” As per the petition, the petitioner first