SURENDRA BUDHAJI BORKAR Vs. NARAYAN TATU RANE

JUDGEMENT

(1.) The Petitioner, was one of the "Candidate" as defined under Section 79(b) of the Representation of the People Act, 1951 (for short, the Act) has challenged the election of the Respondent, a returned candidate as contemplated under Section 67 of the Act of the Kudal Assembly Constituency to the Maharashtra Legislative Assembly.

(2.) The Respondent, as alleged, verified and notarized an affidavit at Malvan District Sindhudurg on 21/09/2009 and submitted along with the nomination papers on 22/09/2009. The Petitioner filed his nomination papers in person in the office of Returning Officer. After due scrutiny of nomination papers in presence of candidates and their election agents, and after taking note of objection and challenged so raised, accepted the nomination papers on 25/09/2009. The Returning Officer on 29/09/2009 declared a list of contesting candidates including of the Petitioner and the Respondent. The election was held accordingly. On 22/10/2009, the result was declared.

(3.) Form 21E of the Conduct of Elections Rules, 1961 (for short, Rules) reads as under: