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2007 Supreme(MP) 968

SHANTANU KEMKAR
KANKAR MUNJARE – Appellant
Versus
GAURISHANKAR – Respondent


Advocates Appeared:
ALOK PATHAK, ARPAN PAVAR, ARUN KAKONIA,

Judgment

( 1. ) THROUGH this Election Petition filed under section 80-A read with section 81 of The Representation of People Act, 1951 (for short the Act)the petitioner a defeated candidate has challenged the election of the returned candidate (first respondent ). In the petition corrupt practices under section 123 (1)of the Act are alleged.

( 2. ) BRIEFLY stated, the petitioner and the first respondent contested the election for Lok Sabha Constituency No. 12, Balaghat held on 5-5-2004. The counting of the votes was held on 13-5-2004. The first respondent was declared elected by the Returning Officer of Balaghat Parliamentary Constituency. Feeling aggrieved, the petitioner has filed this Election Petition. In the petition the petitioner has alleged corrupt practices mainly basing upon the news published in the News Paper c-Times and jabalpur Express. The allegations about distribution of liquor and money is based upon the information received from the residents of the villages which he stated be examined by the Court. Many other allegations are levelled which are against the Returning Officer and the Police officials. An allegation of bogus voting is also levelled. ( 3. ) ON being no


















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