SHIVAJI RAO M POAL Vs. M Y GHORPADE

JUDGEMENT

(1.) THIS election petition (hereinafter referred to as the Petition ) has been filed by the petitioner viz. , Shivaji Rao M. Poal (hereinafter referred to as the Petitioner ) for declaring that the declaration of result of Respondent No. 1 from No. 35 Sandur Assembly constituency as null and void; declaring that respondent No. 1 has committed corrupt practices under Sections 123 (6) read with Section 100 (1) (b) and 100 (1) (d) (ii) of the Representation of the People Act, 1961 (for short the Act ); declaring that the result of the election of respondent No. 1 as having been materially affected under Section 100 (1) (d) (iii)and (iv) of the Act; declaring that the fifth respondent has procured the maximum valid votes; and to order for recount of all the votes including rejected votes and name respondent No. 1 as having committed corrupt practices under Section 98 of the Act and such other persons who have committed the corrupt practices.

(2.) AFTER service of summons on respondent No. 1 he has come up with this application - I. A. I for dismissal of the petition on the ground that there has been non-compliance with the mandatory provision of Section 117 of the Act and hence the Petition is liable to be dismissed under Section 86 of the Act and the petition filed by the petitioner on behalf of Respondent No. 5 as an election agent is not maintainable.

(3.) THE learned Counsel for the petitioner and the Counsel for respondent No. 1 after submitting their arguments, filed written submission and additional written submissions on behalf of the petitioner and respondent No. 1