GEETA GAJANAN PAGI Vs. MANISHA MANOHAR NIMKAR

JUDGEMENT

(1.) THIS order shall dispose of the preliminary issue viz. "whether the election petition is liable to be dismissed under sub-section (1) of section 86 of Representation of People Act (For short

(2.) GEETA Gajanan Pagi in the election petition filed by her registered at election petition no. 20/1999 seeks to challenge the election of the respondent-returned candidate Smt. Manisha M. Nimkar of the Maharashtra Legislative Assembly from Palghar constituency (No. 62) which was held on 11. 9. 1999. According to the election petitioner, the said Palghar constituency was Scheduled Tribe reserved constituency and since the returned candidate did not belong to the Scheduled Tribe for which the constituency was reserved, she was not eligible and qualified candidate for the said election from the said constituency. The election petitioner has, thus, prayed for declaration that the respondent-returned candidate was not qualified to be a candidate and therefore not entitled to contest the Maharashtra Legislative Assembly elections held on 11. 9. 1999 from Palghar constituency and the results which were declared on 6. 10. 1999 be declared null and void. The election petition was filed by the election petitioner on 20. 11. 1999.

(3.) UPON service of summons of election petition, the respondent-returned candidate has filed written statement and also taken out application no. 5/2000 for dismissal of election petition in liminae under section 86 (1) of the Act of 1951 as it does not comply with sections 81, 83, 117 of the Act of 1951 and rule 25 of Appendix II, rules framed by the High Court of Judicature at Bombay in regard to election petitions. (For short "the election petition rules" ).