KRISHNA PANCHAMRAO KHOPADE Vs. SATISH JHAULAL CHATURVEDI

JUDGEMENT

(1.) THIS is an election petition under Section 80 of the Representation of People act, 1951 by an elector challenging the election of the returned candidate from 134- Nagpur east Legislative Assembly Constituency.

(2.) THE facts which are undisputed can be stated thus :-The Programme of General Election 2004 for Maharashtra Legislative Assembly was declared on 15. 9. 2004 as under :- <FRM>JUDGEMENT_96_ALLMR6_2007Html1.htm</FRM>

(3.) SHRI. Satish Jhaulal Chaturvedi (R-1)represented 134 Nagpur-East Legislative assembly Constituency during the elections of 1980, 1990 and 1995 as the candidate of Indian national Congress. He had lost only one election of the year 1985 wherein he had contested as an independent candidate. On 22. 9. 2004 R-1 presented his nomination paper to the Returning officer of 134 -Nagpur East Legislative assembly Constituency (R-10) as the candidate of Indian National Congress and Nationalist congress Party alliance. Shekhar Jayram sawarbandhe (R-2) presented his nomination paper for the said constituency as the candidate for Bhartiya Janta Party- Shiv Sena alliance. Respondents no. 3 to 9 also presented their nomination papers for the said constituency either as candidates of some party or as independent candidates. The election was held as scheduled and the results thereof were declared wherein R-l polled 96246 votes and r-2 polled 84415 votes. R-l was declared elected. R-2 who was the nearest rival was a runner up.