BALWANT HARISHCHANDRA JADHAV Vs. NARENDRA BABURAO BORGAONKAR

JUDGEMENT

(1.) THE petitioner was one of the contesting candidate, duly nominated by the Political Party, Janata Dal, at the election of Maharashtra Legislative Council Bye-Election-26 (Osmanabad, Latur - Beed Constituency) Local Authorities Constituency, Osmanabad. Respondent No.1 was also one of the contesting candidate of Indian National Congress.

(2.) THE petitioner, in paragraph 2, has given details of the programme of election. According to him, the date of nomination commenced on 25.4.1995; the last date of nomination was 1.5.1995; the scrutiny of the nomination papers took place on 3.5. 1995. (a)Certain complaints were made against the Returning Officer (hereinafter referred to as the respondent no. 2) and hence, the Election Commissioner directed the State Government to take appropriate action against him. Thus, election was postponed twice and, lastly, the polling took place on 23.7.1995, counting took place on 25.7.1995 at Osmanabad and results were published on 25.7.1995 itself. (b)Respondent no. 1 is declared elected by respondent no. 2 as he secured 419 votes while the petitioner secured only 30 votes.

(3.) THE petitioner has also filed affidavit in support of his contentions taken in the petition and also affidavit - rather a concise statement of facts - filed in support of election petition and the corrupt practices alleged by him.