GADNIS BHAWANI SHANKAR Vs. FALERIO EDUARDO MARTINHO

JUDGEMENT

(1.) Would the provisions of S. 82(b) of the Representation of the People Act, 1951 get attracted to a candidate who allegedly commits a corrupt practice, after the withdrawal of his candidature, as a voter, is the meaningful question requiring our consideration in this appeal

(2.) The appellant was a candidate for Rajya Sabha elections for one seat from Goa in the year 1999. There were three candidates in the fray. Apart from the appellant and respondent, there was another candidate Luis Alex Cardozo. All the three candidates had filed their nomination papers, which were accepted. After the acceptance of his nomination paper, Luis Alex Cardozo withdrew from the contest on 17th July, 1999. In the contest held thereafter, respondent was declared elected. The appellant filed an election petition, challenging the election of respondent, principally on the ground of commission of corrupt practices. In the election petition, respondent alone was arrayed as a party-respondent. After service of notice, respondent raised a preliminary objection by filing an application under S. 86 of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act'). It was averred that election petition was liable to be dismissed for non-compliance with the requirements of S. 82 of the Act. The preliminary objection was upheld and election petition was dismissed. Hence, this appeal.

(3.) Section 82(b) of the Representation of the People Act, 1951 provides: