CHARANDAS Vs. VILAS WISHWANATH SHRUNGARPAWAR

JUDGEMENT

(1.) THE petitioner was a candidate for the Maharashtra Legislative Assembly Election of Adyar Constituency No. 144 held on 27-2-1990 along with respondent Nos. 1 to 26. The respondent No. 27 was the Returning Officer of the said election. The polling of the said constituency was over on 27-2-1990 at 5-00 P. M. Counting of votes started on 1-3-1990 at 8-00 A. M. and completed on 2-3-1990 at about 8-00 A. M. Immediately after result was announced and the respondent No. 1 (hereinafter referred to as the returned candidate) was declared elected. Total number of votes polled was. . 1,03,226 near about 71. 5% Total number of votes found in favour of. . 28,091 the returned candidate total number of votes found in favour of. . 20,521 the petitioner. The petitioner contested the election on the ticket of the Republican Party of India (Khobragade) an his symbol was HORSE while the returned candidate Vilas Vishwanath Shrangarpawar contested the election as an independent candidate and his symbol was MASHAL (Torch ).

(2.) ACCORDING to the petitioner, through the returned candidate contested the election as an independent candidate, his propoganda was as if he was an official candidate of the Indian National Congress (1) and thereby he tried directly or indirectly to interfere or attempted to interfere with free exercise of the electoral right. This propoganda, according to him, amounted to corrupt practice under section 123 (3) and (3-A) of the Representation of the People Act, 1951 (hereinafter referred to as the Act) and, therefore, his election is liable to be set aside and declared to be void under section 100 (1) (b) of the said Act. According to the petitioner, the Indian National Congress (I) did not set up any candidate in this election on their behalf but supported respondent No. 12 Laxmanrao Shrawan Tirpude, who was a candidate of the Republican party of India of Ramdas Athawale. In short, his contention is that there was an alliance between the Indian National Congress (I) and the Republican Party of India of Ramdas Athawale in this election. According to the petitioner, the returned candidate printed posters with the photograph of late Smt. Indira Gandhi - the Ex Prime Minister and Ex President of the Indian National Congress (I), and that these posters were pasted at the prominent places throughout the constituency.

(3.) ACCORDING to the petitioner, the returned candidate addressed small gatherings of about 15 to 20 persons essentially consisting of this workers and voters at different places in the constituency and told them that several Hindu candidates were contesting the election, consequently their votes would be divided and the petitioner, who is a Mahar, would be elected. He exhorted them if they would tolerate a Mahar and whether they would like to go to him for their work. He also alleged to have said that if the petitioner was elected, Adyar constituency would be a reserved constituency for Scheduled Castes for 15 to 20 years.