YELGAONKAR DILIP MURLIDHAR Vs. GUDAGE MOHANRAO PANDURANG

JUDGEMENT

(1.) IN this election petition, the petitioner seeks setting aside the election of respondent No. 1 under section 100 (1) (b), 100 (1) (d) (ii) and 100 (1) (d) (iv) of the Representation of the People Act, 1951, hereinafter referred to as "the Act", on the grounds that respondent No. 1 and/or his election agents and/or other persons with consent of respondent No. 1 or his election agent have committed various corrupt practices in the course of canvassing during the election and at all stages of election in the Khatav Assembly Constituency and outside the constituency. The respondent No. 1, his election agent or other persons or agents with the consent of respondent No. 1 or his election agent have committed corrupt practices as mentioned in section 123 (3), (4) and (7) of the Act.

(2.) IN the concise statement of facts it is stated that the petitioner has contested the election on Lotus Symbol from Khatav Constituency as a candidate of Bhartiya Janata Party, hereinafter referred to as "b. J. P. ", respondent No. 1 was a candidate of Nationalist Congress Party, hereinafter referred to as "n. C. P. " and contested the election on the symbol of clock. The elections were held on 11th September, 1999. The counting took place on 6th October, 1999 and the results were declared on 7th October, 1999. The total valid votes polled were 106485 and 7703 votes were invalid and rejected accordingly. The first respondent secured 42813 votes and was declared elected. In the night intervening 10th and 11th September, 1999 one Sharad Leve expired due to the injuries cause to him at the tunnel on Satara Sajjangad Road. A complaint was lodged against one Udayanraje Bhosale, who was contesting the elections in Satara constituency as a candidate of B. J. P. involving him in the offence of murder of Sharad Leve. The first respondent, his workers, agents, supporters and Leaders B. J. P. appealed to the voters in diverse manner by asking for votes in his favour. A board was displayed in villages Mayani, Katar Khatav and Vaduj with the intention to create hatred against the petitioner so that the voters shall get influenced with wrong propaganda. The board which was exhibited was written in Marathi script. The translation of the board is as follows : candidate of Bharatiya Janata Party has murdered Councilor. Do not vote for murderer party. Do not vote for a party which fields as candidate who is murderers. Vote for Nationalist Congress Party, symbol : Clock. " in paragraph 4 (e) it is stated that the board was displayed at the instance of first respondent and in the presence of his agent. The name of the agent are mentioned. It is stated that one Shri Himmat Govind Mane, Dr, Makarand Ramchandra Toro, Mahendra Basveshwar Gudage, Ramchandra Vishnu Somade and Baburao Narayan Somade has personally seen the agent displaying the board. It is further stated that such boards were displayed in the entire constituency with the full knowledge of the first respondent/his election agent/and/or other supporters with the full knowledge that the contents were false but sufficient enough to prejudice the prospects of the petitioners chances of winning the election. In paragraph 4 (f) it is stated that the first respondent, his election agent and/or other supporters also circulated pamphlets in the villages mentioned above. Photo copies of the pamphlets were distributed in the entire Khatav constituency and especially on large scale, in the village Mayani, Katar Khatav and Vaduj. The petitioner has considerable support from these three villages and, therefore, the pamphlets were purposely distributed in large scale in these villages. The pamphlet contain the following content, "candidate of Bharatiya Janata party Udayanraje Bhosale has murdered Councilor Appa Leve at about 1. 30 a. m. by sword. Murderers assault on Ex-Vice President Shri Chandrakant Jadhav. People of Satara should think over it. "

(3.) IN paragraph 4 (j) of the petition it is stated that the first respondent himself or through his agents/representatives had delivered various speeches and referred the B. J. P. as a communal party and tried to create hatred in the minds of the voters of Khatav Assembly Constituency in particular and people of Satara in general, which has influenced the voters to vote against the petitioner. It was, however, stated during the course of arguments that this ground of corrupt practice is not being pressed. In paragraph 4 (k) it is stated that the first respondent had been actively aided and assisted by one R. N. Chavan who is a Government servant. He was initially appointed as Presiding Officer of one of the polling booths but later on removed from the said duty. He actively campaigned for the first respondent. He being a Block Education Officer threatened the primary school teachers who were the voters of Khatav constituency to hand over their ballot papers to him. In paragraph 4 (1) it is stated that the first respondent and the leaders of his party were always referring the petitioner as "gunda" "communal" and creating terror amongst the public with a view to create hatred against the petitioner amongst the voters of Khatav Assembly constituency. It is stated that the first respondent and other party leaders of the first respondent always uttered these false statements during the election propaganda and meetings addressed by them. By making such false statements, the voters of Khatav Constituency were influenced and their opinion went against the petitioner. One such meeting was addressed by Sharad Pawar, leader and President of N. C. P. , first respondent and S. P. Deshmukh on 6th September, 1999 at Vaduj. In paragraph 4 (m) it is stated that the ballot papers for both the elections i. e. Assembly and Parliament were given separately in villages Mayani, Kaledhen, Mhasurane whereas the ballot papers of Assembly and Parliament were given at one time in villages viz. , Pusegaon, Khatav and Pusesavali. The voters being uneducated were confused. However, at the time of arguments this ground has not been pressed.