PANNALAL S S Vs. HITENDRA VISHNU THAKUR

JUDGEMENT

(1.) THIS is an election petition filed by the petitioner challenging the election of the respondent Mr. Hitendra Thakur, who is a returned candidate from Vasai Constituency, Thane District, Maharashtra. Though there were earlier three more respondents, who were respondents 1, 2 and 4, their names have been deleted as per the order passed by this Court on 4th December, 1995 and hence now there is only one respondent who is the returned candidate. After pleadings were completed, issues were framed on the request made on behalf of the respondent, Issues 1 to 3 are heard as preliminary issues. Heard the petitioner in person and learned Counsel for respondent.

(2.) THE petitioner was one of the candidates in Vasai, No. 61 constituency in the State of Maharashtra. There were in all 14 candidates including the petitioner and respondent. The election was originally scheduled to be held on 12-2-1995, but it got postponed and ultimately the election was held on 26-2-1995. The results were declared on 12-3-1995 in which the respondent was declared elected by getting highest votes amongst the candidates. Being aggrieved by the election of the respondent as the duly elected candidate, the petitioner has filed the present petition challenging the election on the ground of corrupt practices alleged to have been committed by the respondent.

(3.) THE respondent has filed a written statement denying all the allegations of corrupt practices. In addition to this he has alleged that the petition is bad for not carrying out the mandatory provisions of section 83 (1) of the Representation of the People Act. It is further alleged that the particulars of the alleged corrupt practices are not given and the allegations made are vague and general, and therefore, the petition is not maintainable. It is further alleged that the allegations about corrupt practices are bald and vague and cannot be enquired into.