RAMU MAHATANG PATEL Vs. RAJKUMAR DAYARAM PATEL

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner contested the election to 119 - Melghat (ST) assembly constituency. Respondent No. 1 - Rajkumar Patel was declared elected by margin of 3335 votes, the petitioner polled 40363 votes, whereas respondent No. 1 polled 43698 votes and respondent No. 2 - Dr. Ramesh Raikwar polled 14533 votes. The election was contested by 8 candidates. The 119 Melghat (SC)Assembly Constituency was reserved for Scheduled Tribe Candidate. The respondent No. 2 - Dr. Ramesh Raikwar does not belong to Scheduled Tribe candidate. The Nomination Paper of respondent No. 2 was improperly accepted by the Returning Officer in spite objection recorded by petitioners Polling Agent.

(2.) THE petitioner challenged the election of respondent No. 1 in this election petition under section 80 of the Representation of the People Act, 1951 on various grounds. The petitioner prayed that the election of respondent No. 1 as member of Legislative Assembly of 110 - Melghat (ST) Assembly Constituency in the election which are held on 5-9-1999 be declared as void and illegal and the result declaring him elected as Member of Legislative Assembly No. 119 -Melghat (ST) Assembly Constituency in the election be set aside and the petitioner be declared elected as Member of Legislative Assembly of 119 melghat (ST) Assembly Constituency at the elections held on 5-9-1999. The petitioner also sought for ancillary reliefs.

(3.) THE learned counsel for the petitioner has only pressed two points : 1)Improper acceptance of Nomination Paper of respondent No. 2 and 2) As a result of improper acceptance of the Nomination Paper of respondent No. 2, the result of the election has been materially affected.