VIJAYAKUMAR KHANDRE Vs. PRAKASH KHANDRE

JUDGEMENT

(1.) IN Election Petition Nos. 25/1999 and 30/1999 filed nder Sec. 81 of the Representation of Peoples Act, 1951, one preferred by Mr. Basavaraj D. Honna, the voter and another by the contestant Dr. Vijayakumar Khandre, the election of the returned candidate, Mr. Prakash Khandre from No. 2-Bhalki Assembly Constituency is challenged as void under Section 100 (1) (a) and 100 (1) (d) (i) of the Representation of the Peoples Act, 1951 (hereinafter referred to as 'the Act' ).

(2.) FOR the sake of convenience, in the course of this order the returned candidate who is arrayed as Respondent No. 1 in both the election petitions is referred to by name and also as 'election respondent'.

(3.) THE returned candidate Mr. Prakash Khandre has filed the Recrimination Petition under Sec. 97 of the Act praying that in the evcent of his election to the constituency being declared void, that the first respondent Dr. Vijaya Kumar Khandre should not be declared elected as he is guilty of corrupt practices as specified in Sections 123 (1) (A), 123 (3), 123 (6) and 123 (7) of the Act.