UTTAMRAO SHIVDAS JANKAR Vs. RANJITSINH VIJAYSINH MOHITE PATIL

JUDGEMENT

(1.) THE Petitioner seeks a declaration that his nomination for the election to the Local Authorities Constituency, Solapur of the Maharashtra Legislative Council, Biennial Election, 2003 was improperly rejected by the Returning Officer and for a declaration that the election of the Respondent as Member of the Maharashtra Legislative Council from the Local Authorities Constituency, Solapur, of the Maharashtra Legislative Council, Biennial Election, 2003 is void, and for an order setting aside the said election.

(2.) BY a notification dated 7.11.2003 the Returning Officer declared the election programme for the said election. The nomination papers were to be delivered by the candidate to the Collector and the Returning Officer or to the Deputy Collector and Assistant Returning Officer at the Collector's office between 11.00 a.m. and 3.00 p.m. on any day not later than 14.11.2003. The nomination papers were to be taken up for scrutiny at the Collector's office on 15.11.2003 at 11.00 a.m. Notice of withdrawal of candidatures were to be delivered before 3.00 p.m. on 17.11.2003. The poll, if any, was to be taken on 1.12.2003 between 8.00 a.m. and 4.00 p.m. The Petitioner's Case

(3.) AT the time of scrutiny of the nominations on 15.11.2003 the Petitioner was present with his election agent one Datta Waghmare. The Respondent was present with his election agent one Dilip Sopal, who at that time was the Minister of State for Law and Judiciary, State of Maharashtra. The said Subhash Rajaram Patil and Dilip Chougule were also present. A large number of the Respondent's supporters were also present at the time of scrutiny. The said two alleged proposers of the Plaintiff Sou. Jaymala Purnanand Mhetre and Sharif Mohammad Badshah Sutar were in the Respondents camp and were accompanied by the Respondent.