LAWS(GJH)-2012-10-10

SHANKARSINH LAXMANSINH VAGHELA Vs. PRABHATSINH PRATAPSINH CHAUHAN

Decided On October 12, 2012
SHANKARSINH LAXMANSINH VAGHELA Appellant
V/S
PRABHATSINH PRATAPSINH CHAUHAN Respondents

JUDGEMENT

(1.) The instant petition is filed by the petitioner u/s.80(A) and 81 r/w.Section 100 of the Representation of the People Act, 1951 ('the Act', for short). In the petition, the petitioner in parcagraph 8 has prayed as under:-

(2.) The brief facts leading to this petition are as under:-

(3.) It is pertinent to note that during the pendency of this petition, the petitioner did not press ground No.1, namely, improper acceptance of the nomination of the returned candidate and ground No.3 regarding corrupt practice of booth capturing and casting bogus votes etc. The petitioner, therefore, confined his election petition qua the ground No.2 regarding corrupt practice of appeal made by the returned candidate respondent No.1 to vote for him on the ground of his religion, race, caste and community. In above view of the matter, the ground No.2 pleaded in paragraph 4 in the petition, is only required to be considered.