KOKATE BABURAO NARSINGRAO Vs. MUNDE GOPINATHRAO PANDURANG

JUDGEMENT

(1.) THE petitioner who is a defeated candidate has preferred the present election petition against respondent no. 1 who is returned candidate along with other respondents, except respondent nos. 25 5o 28 who also contested the same election. THE petitioner, respondent nos. 1 to 24 contested the election to the Maharashtra Legislative Assembly held in Feb. , 1995, from Renapur constituency. THE petitioner was a candidate sponsored by Indian National Congress and was allotted symbol of 'hand'. Exh. C-3 (page 37) is the result sheet of the said election. THE name of the petitioner is at Sr. No.3 who secured 49, 647 votes while respondent no. 1 who was sponsored by Bhartiya Janata Party (B. J. P.) secured 78,006 votes and thus is declared as elected. Other respondents also secured votes - rather negligible - in the said election.

(2.) AFTER the said election, the respondent No.1 has been taken as a Minister in the Cabinet as Deputy Chief Minister of Maharashtra. Respondent no. 25 was then serving as Sub Divisional Officer at Ambejogai, Dist. Beed, and was Returning Officer for the said election. As personal allegations are made against him, he is joined as a party. Respondent no. 26 was returning officer for the said election. At that time, he was posted as Tahsildar at Parali Vaijnath and was Assistant Returning Officer for the said election. Respondent no. 27 is the Chief Election Commissioner, New Delhi.

(3.) THE election of the respondent no. 1 is challenged on the grounds as mentioned in Section 100 (1) (b), 100 (1) (d) (ii), 100 (1) (d) (iii), 100 (1) (d) (xiv), etc. of the Representation of the People Act, 1951, (hereinafter referred to as the Act ). THE election of the respondent no. 1 is challenged mainly on the ground of corrupt practices as stated in para 6 (II) of the Election Petition, as follows : (a)Poll slips printed by the respondent no. 1 bearing his photograph and lotus symbol were brought by voters on polling booth. (b)Intended attempts by the respondent no. 1 and his agents to capture polling booths and complaints made by the petitioner and other contesting candidates about such apprehension to the authorities. (c)Average voting because of the attempt/capturing of booths. (d)Bogus voting in the name of dead persons and person residing at Bombay at the instance of respondent no. 1 and his agents. (e)Partial attitude of respondent no. 25 towards the respondent no. 1. (f)Use of large number of vehicles by the respondent no. 1 and the expenses incurred for the same, beyond statutory limit. (g)Non-supply of identity cards to voters and exclusion of names of 3000 voters from final electoral list of voters and they were deprived from exercising their voting rights. (h)Assurances given by the respondent no. 1 in election campaign meeting for erection of THErmal Projects. (i)Irregularities/illegalities at the time of counting of votes and the partial attitude of respondent nos. 25, 26 and 28 during counting of votes. (j)Visit of Mr. Kalyan Singh, Ex-Chief Minister of Utter Pradesh who belongs to B. J. P. and his objectionable address in the public meeting, praising action of R. S. S. and B. J. P. workers in demolishing Babri Mosque. (k)Representation by Mr. T. P. Mundhe, Chairman of Panchayat Samiti, Ambejogai, to Collector, Beed, on 4-1-1995, complaining about the breach of Code of Conduct by the respondent no. 1 and that he spent crores of rupees during election campaign. (l)That supporters of respondent no. 1 distributed money to voters from village Badegaon. On complaint, offence was registered and panchanama was drawn. But it was destroyed by police because of the pressure of respondent no. 1. THE construction of helipad at village Pangaon by B. J. P. workers by spending huge amount. (m)Fraud played by respondent no. 25 at the time of counting votes, which are counted in favour of respondent no. 1. On these grounds, prayer is made by the petitioner to set aside the election of the said constituency and to hold fresh elections.