JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. By the present election petition, the petitioner has challenged the election of respondent No.3 - Nitin Jairam Gadkari on the ground that the Bharatiya Janta Party (the BJP) and its workers have violated the Model Code of Conduct. It is alleged that respondent No.3 - Nitin Jairam Gadkari by using digital type machines circulated slips to the voters having photographs, name of respondent No.3 - Nitin Jairam Gadkari, and symbol of the BJP. It is further alleged that the machines were given to the representatives of all booths of Nagpur and the said slips were circulated to mislead voters and to get their valuable votes. Thus, respondent No.3 - Nitin Jairam Gadkari and the BJP committed violation of the Code of Conduct.

2. By this petition, the petitioner has prayed for declaration that the petitioner himself be declared as elected member under Section 83 of the Representation of the People Act, 1950 (hereinafter referred as the RP Act). The petitioner further prayed for cancellation and recall of the certificate of returned candidate respondent No.3 - Nitin Jairam Gadkari and also seeks declaration declaring the returned candidate elected as null an