SURYAKANT VENKATRAO MAHADIK Vs. SAROJ SANDESH NAIK BHOSALE

JUDGEMENT

(1.) This appeal under Section 116-A of the Representation of the People Act, 1951 (for short "the Act") against the judgment dated 23/4/1991 passed by H. Suresh, J. of the Bombay High court in Election Petition No. 14 of 1990, is by the returned candidate whose election to themaharashtra Legislative Assembly from 48, Nehru Nagar Constituency, held on 27/2/1990 has been declared to be void on the ground under Section 100 (1 (b) of the Act "on the ground that he, his election agent and workers have committed corrupt practice as defined under Section 123 (3 and Section 123 (3-A) of the Representation of the People Act, 1951".

(2.) Elections to the Maharashtra Legislative Assembly were announced on 18/1/1990. The nomination papers were filed by the appellant for election from 48, Nehru Nagar Constituency on 31/1/1990. His nomination was accepted on 8/2/1990. The election was held on 27/2/1990 and the result was declared on 1/3/1990. The appellant was candidate of the Shiv Sena and he was declared duly elected since he had got the maximum number of votes. The election petition was filed on 16/4/1990 by respondent Smt Saroj Sandesh Naik (Bhosale). There was some defect in the verification of the election petition and, therefore, on 19-4-1990 the defect in verification was permitted to be cured and a fresh affidavit in support thereof was taken by the court. The appellant took out chamber summons to dismiss the election petition under Section 86 of the Act for non-compliance of Section 81 of the Act which was dismissed on 17/11/1990. After conclusion of the trial, the impugned judgment was delivered on 23/4/1991 setting aside the appellant's election. Hence this appeal.

(3.) The grounds taken for opposing the election petition before the High court, have been reiterated in this appeal. In substance, these grounds are as under: