VIMALTAI DNYNDEO BORADE Vs. LAXMAN KONDIBA DHOBALE

JUDGEMENT

(1.) THIS is an Election Petition filed by the petitioner challenging the election of the respondent on the ground of corrupt practices. The respondent has filed written statement contesting the petition. Issues have been framed. Some oral evidence has been recorded. At this stage, the respondent has filed an application that the Election Petition is not maintainable for not complying with the statutory provisions and is liable to be dismissed. The petitioner has filed reply to the said application. Heard both the sides.

(2.) THE petitioner and the respondent contested election to the Lok Sabha from Constituency No. 215 of Mangalwedha-Mohol Constituency in District Sholapur. The election was held on 9-2-1995, the counting took place on 11-3-1995. Results were declared on 12-3-1995 declaring the respondent as duly elected by getting highest number of votes viz. , 61087 as against 37892 votes secured by the petitioner. As already stated, being aggrieved by the results of her election, the petitioner has filed this Election Petition challenging the election on the ground that the respondent has won the election by corrupt practices.

(3.) NOW, the respondent has filed the instant application stating that the petition is not maintainable since the true copy of the petition has not been served on the respondent. The respondent has annexed to his application a copy of the Election Petition served on him. The petitioner while denying that true copy has not been served on the respondent has raised two objections. One is that the application is highly belated and filed after recording of evidence has commenced. The other objection is that no Chamber Summons is taken out as required by the Rules of Practice.