NARAYAN GOVINDRAO PATIL Vs. THE MAHARASHTRA ELECTION COMMISSION

JUDGEMENT

(1.) The above Application No.5 of 2016 has been filed by the Respondent No.6 to the above Election Petition who is the returned candidate for dismissal of the above Election Petition being No.4 of 2014 filed by Rashmi Digambar Bagal - the Election Petitioner, challenging his election.

(2.) The election in question is to the 244 Karmala Assembly Constituency. The elections to the Maharashtra Legislative Assembly were held on 15/10/2014 and the Election Petitioner and the Respondent No.6 were the candidates who had contested the election to the said 244 Karmala Constituency amongst other candidates. The Respondent No.6 i.e. the Applicant in Application No.5 of 2016 was declared elected having secured 60674 votes whereas the Election Petitioner had secured 60417 votes. It is not necessary to refer to the votes secured by other candidates for the purposes of the present adjudication.

(3.) The election of the Respondent No.6 has been challenged principally on the ground of violation of the Rules relating to the counting of the postal ballots and especially the postal ballots numbering 788 as also on the ground that a corrupt practice was committed in respect of the said 788 votes by the Returning Officer, colluding and conniving with the Respondent No.6 herein. In terms of the affidavit filed in support of the allegations of corrupt practice, the averments made in respect thereof are in paragraphs 2(m), 2(n), 2(p), 3(xix) to 3(xxiii). In so far as paragraphs 2(m), 2(n) and 2(p) are concerned, they contain narration of facts. The allegations relating to the corrupt practice are more particularly comprised in paragraphs 3(xix) to 3(xxiii). The said paragraphs 3(xix) to 3(xxiii) for the sake of ready reference are reproduced hereunder : -