[1] EP / 14 / 2014 - JUDGMENT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ELECTION PETITION NO. 14 OF 2014

Shri Manohar S/o Dattatraya Bhadane,

Age : 48 years, Occu.: Agriculture,

R/o : At Post Nagaon,

Tq. and Dist. Dhule

.. PETITIONER

Vs.

1] Shri Kunal (Baba) S/o Rohidas Patil,

Age : 40 years, Occu.: Business,

R/o : Gudutar, Tq. and Dist. Dhule

2] Shri Ajay S/o Govind Mali,

Age : 45 years, Occu.: Agriculture,

R/o : At Post Aklad,

Tq. and District Dhule

3] Shri Raj S/o Jaganath Chavhan,

Age : 46 years, Occu.: Agriculture,

R/o : 22, Sushil Nagar,

Golibar Tekade Road,

Tq. and District Dhule

4] Shri Kiran S/o Gulabrao Patil,

Age : 38 years, Occu.: Agriculture,

R/o : At Post Mehergaon,

Tq. and District Dhule

5] Shri Sharad S/o Madhavrao Patil,

Age : 55 years, Occu.: Agriculture,

R/o : House No.3, Kusumba,

Tq. and District Dhule

6] Shri Arun S/o Krishnarao Patil,

Age : 57 years, Occu.: Agriculture,

R/o : Plot No. 25, Trimbak Nagar,

Wadi Bhokar Road, Deopur, Dhule,

Tq. and District Dhule

[2] EP / 14 / 2014 - JUDGMENT

7] Shri Rajdeep S/o Bhattu Agale,

Age : 45 years, Occu.: Agriculture,

R/o : Plot No. 87-A, Vivekanand Nagar,

North Stadium, Gondur Air Port Road,

Valwadi Shivar, Tq. and Dist. Dhule

8] Shri Ambar S/o Mahadu Malicha,

Age : 35 years, Occu.: Agriculture,

R/o : At Post Mehergaon,

Tq. and District Dhule

9] Shri Dinkar S/o Sadashiv Mali,

Age : 40 years, Occu.: Agriculture,

R/o : Kapadne, Tq. And District Dhule

10] The Chief Election Commission,

Election Commission of India,

Nirwanchan Sadan, Ashoka Road,

New Delhi – 110 001

11] The Returning Officer,

For Election of Member of Maharashtra

Legislative Assembly, 2014 from

6-Dhule Gramin Assembly Constituency

Through Deputy Collector, Dhule,

Office of Deputy Collector, Dhule,

Tq. and District Dhule

[Respondent nos.10 and 11 deleted

as per Court's order dt. 27/8/2015]

12] The State of Maharashtra

Through the Secretary

Urban Development,

Mantralaya, Mumbai – 32.

.. RESPONDENTS

----

Mr. V.D. Hon, Sr. Advocate with Mr. P.D. Bachate, Advocate

for the petitioner

Mr. P.M. Shah, Senior Advocate i/b. and with Mr. Shrikant S.

Patil, Advocate for respondent no.1

Mr. N.L. Choudhari, Advocate for respondent no.3

Mr. Santosh S. Patil, Advocate for respondent nos.4 and 5

[3] EP / 14 / 2014 - JUDGMENT

Mr. Y.B. Bolkar, Advocate for respondent no.6

Mr. P.D. Patil, Advocate for respondent no.7

Smt. R.K. Ladda, AGP for the respondent/State

None present for respondent nos.2, 8 and 9 though served.

- Respondent nos.10 and 11 deleted as per Court's order dated

27/8/2015

----

CORAM : M.T. JOSHI, J.

RESERVED ON

: 16/10/2015

PRONOUNCED ON : 26/10/2015

JUDGMENT :

Heard both sides.

2.

The present Election Petition is filed to seek

a declaration that the election of the present

respondent no.1 to the Office of Member of Maharashtra

Legislative Assembly from 6 - Dhule Rural Legislative

Assembly Constituency in the State of Maharashtra

declared on 19/10/2014 is void and further to declare

that the petitioner, who was also one of the candidate,

be declared as duly elected to the said Office.

3.

Respondent nos.2 to 9 were also nominated as

candidates to the said election and, therefore, they are

joined as parties. None of them however has filed any

written statement.

[4] EP / 14 / 2014 - JUDGMENT

.

In-fact, respondent no.1 – Shri Kunal (Baba) S/o

Rohidas Patil had raised a preliminary objection to the

maintainability of the present election petition and

later-on on 6/8/2015, Mr. P.M. Shah, learne