ANIL VASUDEV SALGAONKAR Vs. NARESH KUSHALI SHIGAONKAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order of the High Court of Bombay Bench at Goa passed in Election Application No. 5 of 2007 in Election Petition No. 1 of 2007 on 4th July, 2008.

(3.) The respondent herein has filed an election petition in the High Court of Bombay at Goa challenging the election of the appellant (respondent No. 1 in the election petition) to Goa Legislative Assembly from 35 Sanvordem Assembly Constituency. In the assembly elections held on 2nd June, 2007, the appellant secured overwhelming mandate from the electorates securing 10705 votes out of total 19657 votes polled whereas, his nearest rival (respondent No. 2 in the election petition) set up by the Bharatiya Janata Party secured only 3782 votes and the respondent (election petitioner) polled only 275 votes and forfeited his deposits. In the election petition before the High Court, a prayer has been made to declare the election of the appellant herein as null and void on ground of corrupt practices in which the appellant indulged during the elections. The allegations in the petition are as under :