PRATIK PRAKASHBAPU PATIL Vs. MARUTI MURA VAGARE

JUDGEMENT

(1.) The above Application has been filed by the returned candidate i.e. the Respondent No. 5 to the Election Petition seeking the following reliefs:

(2.) The dismissal of the Election Petition has been sought on the ground that filing of the Election Petition is in breach of Section 81 of the Representation of People Act, 1951 ( for brevities sake, herein after referred to as the said Act ) which provides the limitation within which an election petition is to be filed. In paragraph 5 of the Application, the dates have been set out as to when the Respondent No.5 was declared elected, the date when the Election Petition was filed. On the said basis, it is averred that there is delay of more than one year in filing the Election Petition. It has further been averred that the said Act, does not provide for condoning any delay in filing an election petition, and therefore, since there is delay caused in filing the Election Petition, the same ought to be dismissed.

(3.) In the above Application, dismissal is also sought on the ground of non compliance of Section 83 of the said Act. Factual basis on which the dismissal is sought on the said ground has been set out in the above Application. Suffice it to say that it has been averred in the Application that a concise statement of the material facts on which the Election Petitioner relies has not been stated as also the full statement as possible of the names of the parties alleged to have committed the corrupt practice and the date and the place of commission of such practice has not been mentioned. It is therefore averred that the Election Petition is bereft of material particulars, and therefore, falls foul of Section 83 of the said Act and is liable to be dismissed also on the said ground.