JUDGMENT

A.K. SIKRI, J. –

1. The appellant herein was the successful candidate in the election of legislative assembly, which he contested from 56, Ambernath Constituency, Thane District, Maharashtra. There were five candidates in the fray for which the elections were held on October 13, 2004 and the results were declared on October 16, 2004. After he was declared elected, his election was challenged by the first respondent, who is a voter in the said constituency. He filed the election petition in the High Court of Judicature at Bombay stating that the appellant's nomination had been improperly accepted by the Returning Officer and the election was void due to non-compliance of the provisions of the Constitution of India, the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') as well as Rules and Orders framed under the said Act.

2. The election petition was filed under Section 100(1)(d)(i) and (iv) of the Act on the ground that in the nomination form filled in by the appellant he had suppressed his dues payable to the Government, suppressed the assets of his spouse and also suppressed the information and assets of a partnership firm of which he is a partne