RAJENDRA GAVIT Vs. MANISHA M NIMKAR

JUDGEMENT

(1.) The following issues are framed :

(2.) The only dispute between the learned Counsel pertains to Issue No. 3. Mr. Patil submitted that the onus of proving the issue is on the respondent. Mr. Kankaria on the other hand submitted that the onus of proving the issue is on the petitioner.

(3.) The petitioner has filed this election petition for a declaration that respondent No. 1 was not entitled to file a nomination for 62 Palghar Constituency which was reserved for Schedule Tribe candidates as she does not belong to Mahadeo Koli Caste (Scheduled Tribe) and for a declaration that her election as a member of the Maharashtra Legislative Assembly from the said constituency in the election held in October, 2004 is void and for an order setting aside the same.