ABHAY BHAKCHAND CHHAJED Vs. MADHURI MISAL

JUDGEMENT

(1.) This Election Petition is filed under sections 99, 100, 123 of the Representation of the People Act, 1951 (for short, hereinafter called as 'the Act'). It challenges the validity of the election to the Maharashtra Legislative Assembly seat from 212, Parvati Constituency, Pune, Maharashtra in the elections held on 15.1.2014 and the consequent result declared on 19.10.2014. The petitioner though contested the election, had lost the seat. Respondent No.1 is the elected candidate from 212, Parvati Constituency in the said election. Respondent No.2 is the Returning Officer, who was subsequently deleted on 28.3.2016 and respondent No.3, is the Election Commission of India.

(2.) At the request of the learned Counsel, the adjournments were sought mainly by the petitioner and the respondent and their counsel for personal pre-occupation and therefore, this Court granted adjournments time to time as per the convenience of the petitioner, though this is a proceeding under the Representation of the People Act.

(3.) It is the case of the petitioner that he contested the election in the said constituency as the official candidate of Indian National Congress, a registered political party and respondent No.1 was the official candidate of Bharatiya Janata Party, a registered political party. The petitioner has challenged the election and the result mainly on the grounds of mal practices or corrupt practices and tampering of electronic voting machines, which had taken place in his constituency i.e., 212, Parvati Assembly Constituency. The challenge is also given on the ground that his polling agents were not given entry at the time of mock poll conducted at the polling stations i.e., 185 and 242 of 212, Parvati Assembly Constituency, on the ground that name and signature of his election agent Sunil Shinde was not correctly given. It is the case of the petitioner that votes of several supporters of the petitioner, who had voted for him, were not counted in his favor and thus, there is discrepancy with the election results. Thus, physical count of votes cast by his supporters does not match with the election results thereby led the discrepancy and thus, there is a blatant abuse of the election procedure.