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1992 Supreme(Guj) 258

N.B.PATEL
GOVABHAI HAMIRBHAI DESAI – Appellant
Versus
PATEL HARJIVANBHAI HIRABHAI,patel BHAVABHAI DHARMABHAI,vaghela HEMSINGH LAXMANSINGH – Respondent


Advocates Appeared: H.L.PATEL, K.G.VAKHARIA

N. B. PATEL, J.

( 1 ) ONE of the constituencies which went to poll at the time of the last general election to the State Legislative Assembly held on 27 February 1990 was 99-Dhanera Legislative Assembly Constituency of Banaskantha District. The petitioner the respondent no. 1 and nine other candidates had ultimately remained in the fray after the date stipulated for withdrawal of the nominal papers. The respondent no. 1 was declared elected to the Legislative Assembly from the said Constituency with 42 252 votes secured by him followed by the petitioner who was declared to have secured 40 49 votes. The other nine candidates fared very badly and lost their respective deposits. The petitioner has filed this petition praying for a declaration that the election of the respondent no. 1 was void. This the petitioner has done on the ground that the respondent no. 1 his election agent one Mr. R. D. Rajgor and other workers of the party of the respondent no. 1 with the consent of the respondent no. 1 and/or his election agent had indulged in the corrupt practices of appealing to the voters to vote for the respondent no. 1 in the name of the caste of the respondent no. 1 as also in the name o







































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