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2021 Supreme(Bom) 1662

A.S.CHANDURKAR
Nana Falgunrao Patole – Appellant
Versus
Nitin Jairam Gadkari – Respondent


Advocates appeared:
Satish M.Ukey, Advocate, Sunil V.Manohar, Advocate, Devendra V.Chauhan, Advocate, Atharva S.Manohar, Advocate

Table of Content
1. challenge to election based on corrupt practices. (Para 1)
2. application proceedings by both parties detailing respective arguments. (Para 2 , 4 , 5 , 6)
3. court's observations on affidavit defects and their implications. (Para 3 , 7 , 8)
4. legal thresholds for corrupt practices and affidavit requirements. (Para 9 , 10 , 26)
5. final adjudication directing striking off irrelevant claims. (Para 29 , 30)

JUDGMENT

A.S.CHANDURKAR,J. - The election of the respondent no.1-returned candidate has been challenged by the petitioners in the present election petition filed under Sec. 81 of the Representation of the People Act, 1951 (for short, 'the Act of 1951 ). The challenge is based on the provisions of Sec. 100(1)(b), Sec. 100(1)(d)(i), (ii) and (iv) read with Sec. 123(2) of the Act of 1951. The petitioners besides seeking a declaration that the election of the returned candidate is void have also claimed a further declaration that the petitioner no.1 be declared duly elected. The returned candidate on being served with the election petition has filed C.A.O. No.754 of 2020 (Exhibit 19) under the provisions of Order VI Rule 16 of the Code of Civil Procedure, 1908 (for short,

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