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2018 Supreme(Bom) 1745

A.S.CHANDURKAR
Sevakbhau Nirdhangi Waghaye-Patil – Appellant
Versus
Returning Officer, Sub Divisional Officer, Sakoli, District Bhandara – Respondent


Advocates Appeared:
R.M. Bhangde, Adv., S.N. Tapadia, Adv., Shyam Bissa, Adv., Shashikant Borkar, Adv.

JUDGMENT :

A.S. CHANDURKAR, J.

1. By this Election Petition filed under Section 81 of the Representation of the People Act, 1951 (for short, 'the Act of 1951'), the petitioner seeks to challenge the election of the respondent no.2 as Member of the Maharashtra Legislative Assembly from Constituency No.62-Sakoli. The said elections were held on 15.10.2014 and the respondent no.2 was declared elected on 19.10.2014. This Election Petition accordingly came to be filed on 08.12.2014.

2. In the Election Petition, it has been pleaded by the petitioner that pursuant to the notification dated 20.09.2014 issued by the Election Commission of India, which was published in the official gazette on the same day, various dates were scheduled for holding elections to the State Legislative Assembly. The last date for filing of nominations was 27.09.2014 and the nomination forms were to be scrutinized on 29.09.2014. The date of withdrawal of candidature was 01.10.2014. The Poll was held on 15.10.2014 and the respondent no.2 was declared elected on 19.10.2014 by polling the highest number of valid votes and defeating amongst others, the petitioner. It is further pleaded that the respondent no.2 had entere

































































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