RAVINDRA RAMJI MUNDHE Vs. AVADHOOT ANIL TATKARE

JUDGEMENT

(1.) By this application, the applicant (respondent no.1) seeks dismissal of the Election Petition No.20 of 2014 in limine on various grounds set out in the civil application. Some of the relevant facts for the purpose of deciding this application are as under :

(2.) The original petitioner i.e. Ravindra Ramji Mundhe has challenged the election of the applicant as a Member of Maharashtra Legislative Assembly from Shrivardhan Legislative Assembly Constituency No.193 in the General Elections of Vidhansabha held in the year 2014 on various grounds set out in the said election petition. The said election was challenged basically on two grounds i.e. (i) the applicant had indulged in corrupt practice and (ii) on the grounds mentioned in section 100(1)(d)(iii) of the Representation of People Act, 1951. On 8th May, 2015, the applicant filed written statement in the said election petition raising various objections. In paragraph 2 of the written statement, it was contented by the applicant herein that the election petition was liable to be dismissed on the ground that the same was filed without complying with the mandatory provision of section 83 of the Representation of People Act, 1951 (for short "the said Act"). The applicant also contended that the petitioner had alleged corrupt practice within the meaning of section 123(2)(a)(i) of the said Act alleged to have been practiced by the applicant. The petitioner, however, failed to give a concise statement of the material facts on which the petitioner had relied upon in the election petition. It was further contended that the pleadings were not verified in the manner laid down. It was contended that since the allegations of corrupt practice stated in paragraph 9 were not supported and accompanied by affidavit in the prescribed form, the petition was liable to be rejected on that ground. The affidavit at page no.160 of the petition was not in the prescribed Form No.25 under Rule 94 A of the said Act and did not disclose the source of knowledge and the source of information in support of the allegations made by the petitioner.

(3.) The applicant also denied various allegations made by the petitioner on merits in the said written statement filed by him. On 24th June, 2016, the applicant herein filed statement of admission and denial of the documents which were referred to and relied upon by the applicant in the compilation of the documents. This Court has already marked those documents by a separate order passed on 20th September, 2016.