GUJADHAR RAMSINGH RATHOD Vs. SUBHASH PANDHARINATH THAKRE

JUDGEMENT

(1.) This appeal by special leave calls in question an order made in election Petition No. 6 of 1995 by a learned Single Judge of the High Court of Bombay, Nagpur Bench, dated 12-3-1996, whereby three applications filed by the appellant seeking dismissal of the election petition, in limine, under Section 86 (1) of the Representation of the People Act, 1951, (hereinafter called "the Act") were rejected.

(2.) The election in question relates to 115 Mangrulpir Legislative assembly Constituency. The appellant is the returned candidate. After the result of the election was announced and the appellant declared elected, an election petition was filed by Respondent 1 challenging the election of the appellant on various grounds. The returned candidate, thereupon, filed three applications seeking dismissal of the election petition in limine.

(3.) The first application was filed by the appellant on 29-9-1995 and it sought dismissal of the election petition under Section 86 (1) of the Act for non-compliance with the provisions of Sections 81, 82 and 83 of the Act. The second application was filed by him on 30-11-1995 again seeking dismissal of the election petition under Section 86 (1) of the Act for non- compliance with the requirements of Section 82 (a) of the Act. The third application was filed by him on 14-12-1995 once again seeking dismissal of the election petition under Section 86 (1) of the Act for non-compliance with the requirements of Section 82 (b) of the Act. Written statement, however, was not filed to the election petition. All the three applications were rejected and the election petition was set down for trial.