GAJANAN NARAYAN PATIL Vs. ROHIDAS CHUDAMAN PATIL

JUDGEMENT

(1.) THE petitioner is the resident of village Shirud, Tq. and District Dhule. He is running educational institutions and doing social work in Dhule District. THE petitioner was the Director of Sanjay Sahakari Sakhar Karkhana Ltd. , Dhule. He was Chairman of Building Committee of Zilla Parishad, Dhule for some time.

(2.) THE petitioner and respondents Nos. 1 to 5 contested the election from 88 Kusumba Legislative Assembly Constituency. THE election was held on 5th September 1999. THE petitioner contested the said election as member of Nationalist Congress Party with election symbol Watch. THE respondent No. 1 Rohidas Chudaman Patil, who is returned candidate in the said election, contested the election as a candidate of Indian National Congress i. e. Congress (I) with the election symbol Hand. It is alleged by the petitioner that the respondent No. 1, his real brothers, their wives and their in-laws are running different educational institutions including medical college. THE respondent No. 1 has in fact established these educational institutions. It is alleged by the petitioner that the educational institutions established by the respondent No. 1 contributed substantial amount for election purpose. THE respondent No. 1 also made use of vehicles belonging to the educational institutions. THEre are in all 12 educational institutes including medical college. THE staff of the colleges was asked to render all possible assistance in the election campaign of respondent No. 1. In fact, the members of the staff were forced to participate in the election campaign.

(3.) THE petitioner also made grievance with regard to bogus voting. Number of bogus voters were allowed to vote in the names of dead persons and the persons who were out of head quarters. THE objection was raised at the material time. However, the Election Officer did not take into consideration the objections raised at the time of casting votes in the names of dead persons. According to the petitioner, about 300 to 400 persons exercised their votes in favour of respondent No. 1 in the names of dead persons and the persons who were out of head quarters.