NARAYAN SRINIVAS FUGRO Vs. SAMJIBHAI BHIKA SOLANKI

JUDGEMENT

(1.) In the recent elections for Diu Constituency to the Legislative Assembly of Goa, Daman and Diu held on 3-1-80, three persons were duly nominated as candidates for election. Of these, only two, that is the petitioner and the respondent contested for the seat, the other, one Shri Babubhai Solanki, having ultimately withdrawn from the contest. Eventually as a result of the poll, the respondent was returned from the aforesaid constituency by securing 6032 votes as against 4633 polled by the petitioner. The election of the respondent has now been called in question by means of an election petition which has been registered as Election Petition No. 1/80 in this Court.

(2.) The election of the respondent is challenged substantially on the grounds of corrupt practices consisting of:

(3.) On 18-12-1980 the Court framed five issues for the disposal of the petition. The petitioner has already filed list of witnesses on 2nd Feb., 1981. The respondent filed a petition for permission to assail the maintainability of the petition on the following grounds :-