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2019 Supreme(Online)(Bom) 2784

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Nitin W. Sambre, J
Sevakbhau Nirdhangi Waghaye-Patil v. Returning Officer Sub Divisional Officer Sakoli and Another


Advocates:
For the Appellants/Petitioners: R.M. Bhangde
For the Respondents: Shashikant Borkar

Table of Content
1. election petition seeks to challenge election validity. (Para 1 , 2 , 3)
2. respondent's defense denies existence of disqualifying contracts. (Para 4 , 5)
3. issues arising from petitions identified for adjudication. (Para 6 , 7)
4. petitioner argues contracts constituted disqualification. (Para 9 , 10 , 11)
5. court examines evidentiary issues regarding petitioner's affidavit. (Para 12 , 13)
6. legal requirements for contract subsistence established. (Para 14 , 15 , 16)
7. court's examination of relevant contracts and precedents. (Para 18 , 19 , 20)
8. election declared void due to disqualification. (Para 22 , 23)
9. stay on judgment effects requested for appeal. (Para 24 , 25)

1. By this Election Petition filed under S.81 of the Representation of the People Act, 1951 (for short, 'the Act of 1951'), the petitioner seeks to challenge the election of the respondent no.2 as Member of the Maharashtra Legislative Assembly from Constituency No.62 - Sakoli. The said elections were held on 15.10.2014 and the respondent no.2 was declared elected on 19.10.2014. This Election Petition accordingly came to be filed on 08.12.2014.

2. In the Election Petition, it has been pleaded by t

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