SHANTARAM SITARAM CHAVAN Vs. KHAN MOHAMMAD ARAF NASEEM

JUDGEMENT

(1.) IN this petition, the petitioner challenges the election of the respondent, who has been declared elected in the Legislative Assembly Constituency No. 49 in Kurla. The election was held to the Maharashtra Legislative Assembly on 11-9-1999, counting of votes were held on 6-10-1999 and the result was declared on the same day. The petitioner contested the election as a candidate of Shivsena and the respondent contested the election as a candidate of Indian National Congress. The respondent secured 87,066 votes and the petitioner secured 64,045 votes whereby the respondent was declared elected with a margin of 23,021 votes.

(2.) THE election of the respondent was challenged by the petitioner on the ground of corrupt practices falling under sections 123 (3) and 123 (4) of the Representation of People Act, 1951.

(3.) THE respondent filed written statement denying the allegations contained in the petition. On the basis of the pleadings, this Court has framed the following issues :