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IN THE HIGH COURT OF BOMBAY AT GOA

APPLICATION IN ELECTION PETITION NO.2 OF 2012

IN

ELECTION PETITION NO.1 OF 2012.

Caetano Rosario Silva,

son of Joao Roque Silva, 53 years

old, married, Indian National,

resident of House No.1560/A,

Vasvaddo, Benaulim, Salcete, Goa.

….. Applicant/original

respondent No.1.

Versus.

Valanka Alemao,

daughter of Churchill Alemao,

32 years old, Indian National,

resident of House No.150,

Novangully Varca, Salcete, Goa.

…... Petitioner.

Versus

1. Caetano Rosario Silva,

son of Joao Roque Silva, 53 years

old, married, Indian National,

resident of House No.1560/A,

Vasvaddo, Benaulim, Salcete, Goa.

2. John Fernandes, son of

Sebastiao Fernandes, 36 years old,

Indian National, resident of House

No.57/S-9, Sanzgiri Arcade,

1^st Ward, Colva, Goa.

3. Ashley Francis Dias, son of

Remo Joao Dias, 35 years old,

Indian National, resident of House

No.21, Tamborim, Cavelossim,

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Salcete, Goa – 403 731.

4. Humberto Gomes, son of

Angustius Gomes, 53 years old,

Indian National, resident of House

No.23, Povacao, Benaulim,

Salcete, Goa.

5. Subash S. Chodankar,

son of Shivnath Vaman Chodankar,

55 years old, Indian National,

resident of House No.278,

Carmona, Salcete, Goa.

6. P. Xavier George,

son of Carlus George,

69 years old, Indian National,

resident of House No.319/2,

Georgewaddo, Carmona, Salcete, Goa.

7. The Returning Officer,

32-Benaulim Assembly Constituency,

Collectorate Building, Margao, Goa.

(Respondent No.7 deleted as per order

dated 2.10.2012.)

….. Respondents.

Mr. S. G. Dessai, Senior Advocate with Mr. V. Menezes, Advocate for

the the applicant-original respondent No.1.

Mr. J. E. Coelho Pereira, Senior Advocate with Mr. S. Karpe, Advocate

for the original petitioner.

None for the other respondents.

CORAM :- A.P. LAVANDE, J.

Order reserved on : 6^th December, 2012.

Order pronounced on : 5^th July, 2013.

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O R D E R :

This application has been filed by the applicant

(respondent No.1) in Election Petition No.1/12 under Section 86 of the

Representation of the People Act, 1951 (“Act” for short) read with

Order VII, Rule 11 of the Code of Civil Procedure, 1908.

2.

Election Petition No.1 of 2012 has been filed by the

petitioner seeking the following reliefs :

“(a) The Petitioner therefore prays that this Hon'ble Court

may declare election of 1^st Respondent, returned candidate

as null and void for 32-Benaulim Assembly Constituency

held on 03.03.2012 and results declared on 06.03.2012.

(b) Declare the Petitioner as duly elected as the member of

Legislative Assembly of 32-Benaulim Assembly

Constituency as the petitioner has obtained a majority of

valid votes.

(c) Grant costs of the Petition.

(d) Grant any other relief the Hon'ble Court deems just and

proper in the instant matter.”

3.

The election to Goa Legislative Assembly was held on 3^rd

March, 2012 and results were declared on 6^th March, 2012. The

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petitioner and respondents No.1 to 6 contested the election for the seat

No. 32^nd Benaulim Assembly Constituency. The petitioner filed her

nomination as the candidate of Indian National Congress and the first

respondent filed his nomination as the candidate of Goa Vikas Party.

Respondents No.2 to 6 also filed their nominations. The polling was

held on 3^rd March, 2012, counting was held on 6^th March, 2012 and the

results were declared on the same day. The petitioner secured 7694

votes, and the