BABU RAO Vs. MANIKRAO

JUDGEMENT

(1.) Aggrieved by the dismissal of Election Petition No. 4/95 on the file of Bombay High Court (Aurangabad Bench), this appeal is filed by the appellant.

(2.) In January, 1995 the elections to the Maharashtra State Legislative Assembly were held. The appellant and the first respondent alongwith others had filed nominations to contest from 211 Nilanga Assembly Constituency, Latur District. The appellant raised objections before the Returning Officer (Respondent No. 2) to the candidature of first respondent. According to the appellant, as the first respondent's name was appearing in the electoral rolls of 211 Nilanga Assembly Constituency and also 206 Latur Assembly Constituency, he could not be an elector in both the constituencies and, therefore, his nomination has to be rejected. After hearing the parties, the Returning Officer overruled the objections of the appellant by an order dated 19-1-1995. A revision filed before the Chief Electoral Officer, Maharashtra State, was also not successful. The Returning Officer announced the result of the 211 Nilanga constituency on 12-3-1995 by declaring that the first respondent was elected from that constituency.

(3.) The appellant challenged the election of the first respondent by filing an Election Petition. The main challenge in the election petition was on the ground that the first respondent's name appears in two assembly constituencies and as such he has incurred disqualification under the law relating to election of members to the Legislative Assembly. It was also contended by the appellant that the first respondent was not "ordinarily resident" within the meaning of section 20 of the Representation of People Act, 1950 (hereinafter called the "1950 Act") in Nilanga Constituency and, therefore, not qualified to contest the election from the said constituency. It was further contended that the objection raised by him before the Returning Officer was wrongfully and illegally turned down.