SHARAD MADHAVRAO PATIL Vs. ROHIDAS CHUDAMAN PATIL

JUDGEMENT

(1.) The petitioner in this election petition challenges the election of the respondent from 88-Kusumba Legislative Assembly Constituency in Dhule District on the ground of corrupt practices as enumerated under the provisions of Sections 123(1) and (8) and 100(1)(b) (iii) and (iv) of the Representation of the People Act, 1951 (for short, "the Act").

(2.) It is contended that the respondent contested the election as a candidate of Congress I Party. Respondent was declared elected in the said election. The election in question was conducted to the State Legislative Assembly of Maharashtra in the month of September/October 2004. The election programme is annexed to the petition as Annexure "C". The petitioner filed his nomination paper along with other candidates for the seat from 88-Kusumba constituency. There were in all 7 candidates in the said election. The result was declared on 16-10-2004 by the Returning Officer. Copy of declaration of result is placed on record as Annexure "D". It is contended that the respondent secured 80,419 votes and the petitioner secured 41,122 votes. The petitioner claims that he secured highest votes in the 88-Kusumba constituency next to the respondent.

(3.) It is alleged that the respondent indulged into commission of corrupt practices during the election. It is alleged that respondent spent huge amount and got himself elected.