SATYAJEET @ NANA SHIVAJIRAO KADAM Vs. RAJESH VINAYAK KSHIRSAGAR

JUDGEMENT

(1.) The Petitioner herein challenges the election of the respondent, who has been declared elected from Constituency No. 276, Kolhapur North during the election of the Maharashtra Legislative Assembly held on 15/10/2014. The Petitioner herein had also contested the said election as official candidate on the ticket of Indian Congress Party, whereas the Respondent was contesting the election on the ticket of Shivsena party. The main contention of the petitioner is that the respondent has not disclosed all the offences registered against him at various police stations in which he is charge-sheeted for offences which are punishable for more than two years It is contended that there is suppression of facts That ,he has not complied with the mandate of section 33A{1}{i) and Rule 4A of the representation of People's Act which has caused improper acceptance of his nomination paper by the Returning Officer and therefore his election is liable to be set aside.

(2.) The ground of challenge would in fact, commence from the very day of the filing of the nomination i.e. 27/9/2014. The respondent herein had filed his affidavit under Rule 4A of the Conduct of Election Rules, 1961 on 25/9/2014. The last date for filing of the nomination was 27/9/2014. The date for scrutiny of the nomination was 29/9/2014. The date of polling was 15/10/2014 and the result/declaration of the polling was on 19.10.2014.

(3.) The petitioner herein had secured 47315 votes, whereas the respondent was declared elected as he had secured 69736 votes. The second candidate who got majority votes was the petitioner. At that stage, there was no reason for the petitioner to object to the acceptance of the nomination of the respondent, as he had no anticipated that there would be suppression of facts by a person who wanted to get elected from amongst public.