KIRIT JAYANTILAL SOMAIYA Vs. SANJAY DINA PATIL

JUDGEMENT

(1.) This Chamber Summons is taken out by the Respondent No.1 seeking dismissal / rejection of the election petition or in the alternative striking off / deletion of paragraphs 8, 9, 10 & 11 of the Election Petition filed by the petitioner to challenge the election of the respondent No.1 to the Lok Sabha from the Mumbai North East Constituency No.28 ('the constituency in question' for short).

(2.) Parliamentary election to the Lok Sabha were held at Mumbai on 30-4-2009, wherein, the petitioner as well as the respondent Nos.1 to 15 had contested the said election from the constituency in question. The petitioner had contested the election as a candidate nominated by the Bhartiya Janata Party ('BJP' for short), whereas the respondent No.1 had contested the election as a candidate nominated by the Nationalist Congress Party ('NCP' for short). The results of the said election were declared on 16/5/2009 wherein, the respondent No.1 was declared to have been elected by polling highest number of votes, namely, 2,13,505 votes and the petitioner was declared to have polled second highest votes, namely, 2,10,572 votes. Thus, the respondent No.1 was declared elected by a margin of 2933 votes.

(3.) The petitioner challenged the election of the respondent No.1 by filing the above Election Petition within the time specified the under provisions of the Representation of the People Act, 1951 ('1951 Act' for short) on the following grounds:-