V.M. Kanade, J.

1. Civil Application No. 7661/02 is filed by respondent No. 1 Under Order VII, Rule 11 of the Code of Civil Procedure read with Section 86 of the Representation of the People Act, 1951 (hereinafter referred to as "the said Act"), praying for dismissal of the Election Petition on the ground that it does not comply with the provisions of Section 83 of the said Act.

FACTS

2. 2. The elections of the Maharashtra Legislative Council from Nagpur Division Graduate Constituency were announced in May 2002. The election programme was published which is reproduced hereinbelow :

a) Last date for nomination : b) Date of scrutinyc) Date of withdrawald) Date of Poll : 23 e) Date of countingf) Place of counting

1. 3. Respondents 1 and 2 along with some other candidates filed their respective nomination papers for contesting the said election. Respondent No. 1 was an official candidate of Bhartiya Janta Party whereas respondent No. 2 was an independent candidate. The other candidates had withdrawn their forms and, therefore, they have not been impleaded as respondents in the Petition.

2. 4. Respondent No. 2 withdrew his candidature on 8-6-2002 which was the last date of wi