SAMBHAJI S/O LAXMANRAO PAWAR AGE: 58 YEARS OCC: BUSINESS R/O HOUSE NO 1383 PHULE NAGAR NANDED DISTRICT NANDED Vs. BHASKARRAO S/O BAPURAO KHATGAONKAR PATIL

JUDGEMENT

(1.) The petitioner has presented instant petition challenging the election of Respondent No. 1 - returned candidate to 16 Nanded Parliamentary Constituency. The results of the election were declared on 16th May, 2009 and Respondent No. 1, who belongs to Indian National Congress Party, is declared as returned candidate.

(2.) Respondent No. 1 has presented his written statement and controverted the contentions raised by the petitioner in the election petition. In the written statement presented by Respondent No. 1, a preliminary objection is raised to the maintainability of the petition. Respondent No. 1 has also requested for summary dismissal of the petition on the ground that it does not satisfy the requirement under section 81(3) as well as section 83 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act of 1951')- Respondent No. 1 has raised an objection that the petition does not disclose accrual of cause of action and as such same is required to be dismissed at the threshold. A request was made by Respondent No. 1 to take up the election petition for consideration of the preliminary objections.

(3.) Considering the request made by Respondent No. 1, by an order dated 21-1-2011, it was directed to place the petition for consideration of preliminary objections set out in the written statement and for consideration of prayer in paragraph 37(a) of the written statement for dismissal of the petition at the threshold. The parties were required to address on the preliminary objection. Accordingly arguments were heard on 23-3-2011 and 25-3-2011.