NARAYAN GUNAJI SAWANT Vs. DEEPAK VASANT KESARKAR

JUDGEMENT

(1.) The above Civil Application has been filed by the Applicant, who is the original Respondent in Election Petition No.16 of 2009, for the following relief :

(2.) In the context of the aforesaid prayer sought by the Applicant/original Respondent, it would be relevant to refer to the challenge raised in the Election Petition on the basis of which the Election of the Applicant/Original Respondent, who is the elected candidate from the Sawantwadi Legislative Assembly Constituency is sought to be set aside.

(3.) The Petitioner is a voter of the Sawantwadi Legislative Assembly Constituency and he seeks to challenge the election of the Respondent on the ground that the Applicant/Orignal Respondent has committed breach of Section 33A of the Representation of People Act 1951 (for short "the said Act") r/w Rule 4A of the Conduct of Election Rules, 1961 (for short "the said Rules") and the breach of the directions/order dated 27th March 2003 issued by the Election Commission of India by virtue of the fact that the Respondent has filed a false affidavit in form No.26 and incorrect/incomplete affidavit as per Annexure A of the order dated 27th March 2003 which according to the Petitioner has been done to misguide the voters by not giving details about the criminal cases pending against him in the said affidavit filed as per Form No.26 and, second affidavit giving wrong/no details of movable and immovable properties. The nomination of the Respondent is, therefore, improperly accepted. It is the further case of the Petitioner that in any event, the acceptance of the nomination of the Respondent is in violation of Section 33A of the said Act r/w Rule 4A of the said Rules r/w directions given by the Election Commission of India as contained in the order dated 27th March 2003. It is the case of the Petitioner that on account of acceptance of the nomination of the Respondent, the election to the said Sawantwadi Legislative Assembly Constituency has been materially affected and therefore the Petitioner seeks the setting aside of the election of the Respondent.