BHAGWAN RAMBHAU KARANKAL Vs. CHANDRAKANT BATESINGH RAGHUWANSHI

JUDGEMENT

(1.) Election to the Maharashtra legislative Council from Dhule Local Authority was held in December, 1997. Result of election was declared on 31.12.1997. Besides the appellant, respondent nos. 1, 2 and 3 were the contesting candidates. After the election, respondent no. 1 was declared duly elected. The appellant put in issue election of respondent no. 1 on various grounds by filing an election Petition in the High Court of judicature at Bombay, Aurangabad Bench. We are not at this stage concerned with the grounds on which election of respondent no. 1 was challenged. After respondent no. 1 was served in the Election Petition, he filed his written statement resisting the election Petition on merits. The returned candidate also filed an application on 22.9.1998 seeking dismissal of the election Petition for "non-compliance of sections 81 and 83 of the Representation of people Act". After pleadings were complete, issues came to be framed. Issues no. 6, 7, 8 and 9 were directed to be treated as preliminary issues. Those issues arose out of the application filed by the returned candidate seeking dismissal of the Election Petition under Section 86 (1) of the Representation of the people Act, 1951 (hereinafter referred to as "the Act"). Those issues read thus :

(2.) The learned Designated Judge answered the issues thus:

(3.) We have heard learned Counsel for the parties and examined the record.