DAILATBHAI CHELLARAM PARMAR Vs. RAMJIBHAI JIVABHAI PARMAR

JUDGEMENT

(1.) In this Election Petition under Secs. 80 and 80-A read with Secs. 100 and 101" of the Representation of People Act, 1951 (for short 'the Act') the petitioner has challenged the election of Gujarat State Assembly for 101 Vadgam Assembly Constituency held on 20.2.1995 by praying for a relief of recounting of the votes cast in election and a further relief of declaration that the said election is void and in alternative to declare the petitioner as elected in the said election from the aforesaid constituency.

(2.) The allegations on which the petitioner has claimed aforesaid reliefs may briefly be reproduced from the petitioner's election petition :

(3.) It is the case of the petitioner that the petitioner was contesting the aforesaid election as an independent candidate out of the 10 contesting candidates. The respondent No. 1 who was the returned candidate was nominated by Bharatiya Janta Party and the respondent No. 2 was nominated as a candidate of the Indian National Congress. The respondent No. 3 was nominated as a candidate by Bahujan Samaj Party. The respondent No. 4 was nominated as a candidate by Janata Dal. The respondent No. 5 was nominated as a candidate by Doordarshi Party and the respondent No. 6 was a candidate of Samajvadi Janata Party. The rest of the respondents contested the election as independent candidates. The result declared shown the following number of votes secured by each of the candidates: <FRM>JUDGEMENT_532_GCD2_1997Html1.htm</FRM>