MOHD NISSAR Vs. SHIVAJI BHANUDAS KARDILE

JUDGEMENT

(1.) This is an Election Petition seeking declaration that election of Respondent to Maharashtra Legislative Assembly from 230 - Nagar Newasa Constituency is void and further to set aside the said election. Interim application (C.A.No.4/2005) is moved by Respondent for dismissal of the Election Petition in limine as provided U/ s 81, 82, 117 and 86 of the Representation of People Act read with Order VI Rule 16 and Order VII Rule 11 of the C.P.C., 1976.

(2.) The petitioner claims to be voter of 230 Nagar Newasa Constituency. He claims to be a social worker and founder member of private organisation called "Muslim Vikas Parishad". The motto of the organisation is said to be to make endeavour for progress, upliftment and development of the Muslim community in India.

(3.) The Election programme for the Maharashtra Legislative Assembly elections from 230 Nagar-Newasa Constituency was declared and published on 15th September, 2004. The last date of filing of nomination papers was 22nd September, 2004. The scrutiny of nomination papers was scheduled on 23rd September 2004, the voting was to take place on 13th October, 2004. The result of election was to be declared on 16th October, 2004. The Respondent filed his nomination paper as a candidate of the said constituency as an official candidate nominated by the Nationalist Congress Party (N.C.P.). He was declared as elected candidate as a result of the said election.