VINOD RAMCHANDRA GHOSALKA Vs. SUNIT DATTATRAY TATKARE

JUDGEMENT

(1.) THESE are four Election Petitions filed by the respective petitioners challenging the election of returned candidates. In all these cases the respective respondents have taken a preliminary objection about the maintainability of the Election Petition on the ground that true copy of the petition is not served on the respondent. In Election Petition No. 7/95 Chamber Summons No. 1205/96 and in Election Petition No. 8/95 Chamber Summons No. 106/96 are taken out raising preliminary objection that the petition is not maintainable. In Election Petition No. 11/95 a precipe is filed stating that the respondent is taking identical preliminary objection as in Chamber Summons No. 1205/96 filed in E. P. No. 7/95. In Election Petition No. 10/95 the respondent has filed an application dated 3-12-1996 stating that the petition is not maintainable. I have heard the learned Counsel appearing for the respondents in all the four cases. I have heard the learned Counsels for the petitioners. Since, common question of law arise for consideration, I am disposing of the preliminary objection in all the four cases by this common order.

(2.) IN E. P. No. 7/95 the petitioner has challenged the Election of the first respondent, Shri Sunil Dattatray Tatkare, who is the returned candidate. This pertains to Assembly Election in Constituency No. 14, which is called as Mangaon Legislative Assembly Constituency in Raigad District. Elections were held on 12th February, 1995 and results were declared on 12th March, 1995 declaring the first respondent as duly elected by getting highest votes.

(3.) IN E. P. No. 8/95 the petitioner has challenged the election of the respondent Shri Raj K. Purohit, who is the returned candidate. This petition pertains to the Assembly Election in Constituency No. 21 which is called as Mumbadevi Constituency in Bombay city. Elections were held on 12th February, 1995 and after counting the results were declared on 12th March, 1996 declaring that the respondent was duly elected by getting highest votes.