JAGANNATH RAMCHANDRA MUNEKAR Vs. NIVRUTTI ALIAS BAPUSAHEB THITE

JUDGEMENT

(1.) THE Election Petition herein filed under the Representation of Peoples Act of 1951 (hereinafter referred to as the said Act) calls in question the election of Nivrutti alias Bapusaheb Thite - the 1st respondent herein to the 43 - Baramati Parliamentary Constituency, District Pune, held on 26th May, 1994 wherein the 1st respondent was declared as a returned candidate. The Principal ground upon which the said election of the 1st respondent is challenged is the improper rejection of the Nomination paper of Shri Shinde Waman Malhari one of the candidates who has filed his nomination for the said election which according to the petitioner has been done by the 2nd respondent illegally and improperly.

(2.) FEW relevant facts in the background :

(3.) THE petitioner submitted his Nomination on the date as specified hereinabove on compliance of the necessary formalities required in that behalf. His Nomination was accepted. He is the voter from Shivajinagar Assembly Constituency in Pune City and he submitted the certified copy of the extract of the electoral roll pertaining to his registration as a voter alongwith his Nomination form. His Nomination papers came to be accepted by the respondent No. 2 who was the Returning Officer. However, he withdraw his Nomination before the prescribed date and therefore he did not remain in the contest.