SHIVSHARAN HANMATAPPA BIRAJDAR PATIL Vs. NARSAYYA NARAYAN ADAM

JUDGEMENT

(1.) THE petitioner-one of the unsuccessful candidate has questioned the validity and legality of the election of the 1at respondent to the member of the Legislative Assembly held on 9th February 1995 from Constituency No.216, South Solapur City Assembly Constituency, District Solapur in the State of Maharashtra. (Hereinafter for brevity's sake referred to as the said Constituency). In all there were 38 contesting candidates for the said election for the said Constituency being the petitioner and 37 respondents named in this petition.

(2.) THE counting of votes was held on 11th March 1995 and results were declared on the next day i.e. on 12th March 1995 in which respondent no.1 was declared elected having secured highest number of votes viz. 29,589. The petitioner was the second highest who secured 27,038 votes. Rest of the respondents have secured votes which are much lesser in number needing no mention herein. The petitioner has annexed the Statement showing the number of votes polled by each of the candidates which is Exh-A to this petition.

(3.) THE main ground upon which the petitioner has challenged the said election of the 1st respondent is that the 1st respondent and or his election agent and or other persons with the consent of the respondent no.1 or his election agent have committed corrupt practice within the meaning of Section 123(1), 123(2), 123(3) and 123(3)(A) of the Representation of Peoples Act 1951 (hereinafter the Act is referred to as the said Act).