GOPALRAO RAVALAJI GULVE Vs. SHANTARAM PUNJAJI AHER

JUDGEMENT

(1.) In the elections held on 15th June, 1994 to the Maharashtra Legislative Council from the Local Authorities Constituency, Nashik, Maharashtra, the appellant, who had contested as an official candidate of the Indian National Congress (I), was defeated by the respondent who had contested as an independent candidate. The appellant challenged the election of the returned candidate through an election petition on various grounds of commission of corrupt practices. The election petition was resisted and the returned candidate denied all the allegations made against him. On the basis of the pleadings of the parties, the following issues were framed :

(2.) After the evidence was led by the parties, learned Designated Election Judge decided all the issues against the appellant and dismissed the election petition. Hence, this statutory appeal.

(3.) Mr. A.M. Khanwilkar, learned Counsel appearing for the appellant has confined his submissions in this appeal to the allegations relating to the commission of corrupt practices under sections 123(1), 123(2) and 123(6) of the Representation of the Peoples Act, 1951 (hereinafter referred to as 'the Act'). The submissions have been confined to the incidents covered by Issues 1 to 5.