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2021 Supreme(Bom) 230

S.V.GANGAPURWALA, SUNIL P.DESHMUKH
Rohini Balasaheb Lawande – Appellant
Versus
Additional Commissioner, Nashik – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Jiwan J. Patil, Mr. R.S. Kasar.
For the Respondents: Mr. S.K. Tambe, Mr. A.B. Kadethankar.

ORDER :

1. The reference comes before us pursuant to judgment and order dated 6th March, 2020 passed by learned single judge in a group of writ petitions bearing No. 3639 of 2020 and other companion matters.

2. Learned single judge, hearing Writ Petition No. 3639 of 2020 and others, had found that the issue raised in the matters is as to whether a candidate elected unopposed is required to tender account of election expenses, and that petitioners rely on Dipmala W/o Ravindra Chachane vs. Additional Commissioner, Nagpur, 2020 (1) Mh. L.J. 900 to contend that a candidate elected unopposed is not required to campaign for contesting election and, as such, does not incur election expenses.

3. Case submitted before the learned single Judge on behalf of the State had been that in Dipmala’s case (supra), section 77 of the Representation of People Act, 1951 which mandates a candidate to keep account of all the expenditure incurred in connection with election, from the stage of nomination to the date of declaration of result as well as order dated 15th October, 2016 issued by the Maharashtra State Election Commission with regard to submission of expenses in election to the Parliament, Legislati

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