(1.) Challenge in both these Election Petitions is to election of one Shri Rajendra Mulak who is Respondent in Election Petition No. 1 and Election Petition No. 2 of 2010. Election Petitions are under Section 80 of Representation of People Act, 1951 and election is to Maharashtra Legislative Council from Nagpur Local Authorities Constituency. Result of this Election has been declared on 21/1/2010. There were only 2 contestants and Petitioner Shri Ashok Mankar in Election Petition 1/2010 secured 198 votes while Respondent Rajendra got 202 votes. Written Statement has been filed by parties and Respondent returned candidate filed separate applications under Order 7 Rule 11 of CPC seeking rejection of both Petitions on the ground that the mandatory requirements to sustain it as required by Representation of People Act, 1951 (hereinafter referred to as 1951 Act) are not satisfied. Civil Application 415/2010 at Exh. 7 is that application in Election Petition No. 1/2010 while Civil Application 456/2010 at Exh. 7 is in Election Petition No. 2/2010. Petitioner Ashok Mankar in 1/2000 is the only other candidate in said election who lost it by margin of four votes while other Petitioner Shri Anil Sole is a voter in the constituency. By way of abundant precaution Ashok has filed another application seeking leave to amend verification with a view to get over the alleged lacunae. It is Civil Application 679/2010 at Exh. 9 in Election Petition No. 1/2010. Ashok is Respondent 2 in E.P. 2/2010. The challenges raised in both the election petitions are identical insofar as present controversy is concerned.
(2.) I have heard Advocate Sunil Manohar for Respondent (Rajendra) in first matter and Advocate Patil for Respondent 2 (Shri Rajendra only) in second matter in support of their respective applications under Order 7 Rule 11 CPC. Senior Advocate Shri Gorde with Adv. Chandurkar for Petitioner Ashok and Adv. Kilor for Petitioner Shri Anil have opposed the prayers.
(3.) Briefly stated following are the grounds of attack by Respondent 1:
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN