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2011 Supreme(MP) 1348

R.C.MISHRA
Manoj Kumar Agrawal – Appellant
Versus
Archana Chitnis – Respondent


Advocates Appeared:
Mr. Manoj Kumar Agrawal, Petitioner and Mr. Y.M. Tiwari, Advocate, Mr. Mrigendra Singh and Mr. Amit Khatri, Advocates for the Respondent

JUDGMENT :

In this petition, election of the returned candidate, viz. the respondent to the M.P. Legislative Assembly Constituency No. 180 Burhanpur (for short "the Constituency") has been called in question on the ground mentioned in Section 100 (1) (b) of Representation of the People Act, 1951 (hereinafter referred to. As 'the Act').

2. The reliefs claimed therein are as follows :--

(i) declaration that election of the respondent is void.

(ii) direction for prosecution of the respondent and other persons found guilty of the corrupt practices.

(iii) direction to hold the election afresh.

The following calendar of events for the said election was notified on

(a) Last date for filing nominations 0/-11-2008

(b) Date of scrutiny of nominations 08-11-2008

(c) Last date for withdrawal of nominations 10-11-2008

(d) Date of polling 27-11-2008

(e) Date of counting/declaration of result 08-12-2008

3. As many as 14 candidates including the petitioner and the respondent contested the election. The petitioner was in the fray as an authorised candidate of Bahujan Samaj Party (BSP) whereas the respondent was fielded as the official candidate of Bhartiya Janta Party, the then Ruling Party in the State. Duri








































































































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