SUBHASH KISAN MORE Vs. ABHAYANKAR JAGANNATH MOTIRAM

JUDGEMENT

(1.) This application is filed by respondent no.1 in the election petition. The applicant prays for the rejection of the election petition under Order VII Rule 11 of the Civil Procedure Code, 1908 (" CPC "). The election petition is filed under Sec. 81 of the Representation of the People Act 1951 ("the 1951 Act") to challenge the biennial election of respondent no.1 to the Maharashtra Legislative Council from the Mumbai Teachers Constituency held on 26/6/2024. The election result was declared on 1/7/2024, and the applicant was declared a successful candidate. The petitioner also prays for a declaration that he be declared duly elected in the election to the said constituency.

(2.) The petitioner has contended that there were a total of 15,839 voters in the said constituency, out of which 1200 voters exercised their right to vote. There were 402 invalid votes, and the remaining 11598 were considered valid. The petitioner has contended that a quota of 5800 was fixed for the winning candidate. It is further contended that in the first round, the applicant received 3079 first-preferential votes, whereas the petitioner received 3011 first-preferential votes. Thus, the petitioner contended that there was only a difference of 68 votes between the applicant and the petitioner. The petitioner further contended that in the 11th round, i.e. the second last round before declaring the result, the applicant's votes had reached 3642, whereas the petitioner's votes reached 3434, and there was a difference of only 208 votes. The petitioner thus contended that if the election of respondent no.1 in the election petition ("the applicant") is declared null and void, the petitioner, being the second highest candidate, would be entitled to be declared elected.

(3.) The application for rejection of the election petition is filed on the ground that the petition raises an objection on the final electoral list, which cannot be made a subject matter of challenge in the election petition. Learned senior counsel for the applicant submitted as under: