JUDGMENT - K.G. SHAH, J.:---In this matter, earlier when it was taken up for admission, it was found that the petitioner has joined, as party respondent to the petition, only the returned candidate, whereas a matter of fact at the election to the Maharashtra Legislative Assembly for Ichhalkaranji Constituency No. 278 held in February 1995 which is the subject matter of this petition, in all 7 persons contested. The petitioner was one of them and the returned candidate was the other of them. The remaining five candidates have not been joined as parties of this petition.

2. Prima facie, at the admission stage of the petition, it appeared that by virtue of section 86 of the Representation of Peoples Act, 1951 (For short "the Act"), the Court was obliged to dismiss the petition for section 82 of the Act required the petitioner to join to this petition as parties, all contesting candidates other than the petitioners, in view of the fact that the petitioner, in addition to claiming a declaration that the election of the returned candidates is void has also claimed a further declaration that he be declaration as duly elected. That being the clear position the petitioner through his learned

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