KONDAPPA SADESHIV KORE Vs. ARVIND TULSHIRAM KAMBLE

JUDGEMENT

(1.) THIS is an election petition calling in question election of the Respondent to Parliament on the ground specified under sub-section (1) (e) (d) Section 110 of the Representation of the People Act, 1951 (hereinafter referred to as "act" ). Petitioner prays for a declaration that the election of Respondent is void on the ground that the nomination paper of the petitioner was improperly rejected by the Returning Officer.

(2.) THE election petition was originally filed by Advocate Shri shivajirao Rangrao Chede as an elector. Mr. Scindia learned Counsel for the Petitioner Chede, informed the Court that the Petitioner was not in a position to prosecute the petition in view of his mental deranged condition. The Court, therefore, directed to publish a notice in the government Gazette requiring some one from the Constituency to come forward to proceed with the petition. Accordingly, the present Petitioner kondappa Sadashiv Kore, who was candidate in the election, filed an application which was allowed and he has been substituted in place of the original petitioner.

(3.) PETITIONER Kondappa Sadashiv Kore stood as a candidate for the election to the VIIIth Loksabha. The election to VIIIth Loksabha from "36-Osmanabad (S. C.) Parliamentary Constituency" was held during the last General Elections as per the following Schedule - (a) Last date of filing nomination papers. November 27, 1984. (b) Date of scrutiny of nomination papers. November 28, 1984. (c) Last date of withdrawal of candidature. November 30, 1984. (d) Date of Poll, december 27, 1984. (e) Date of declaration of result of Election. December 28, 1984.