REGENT COMPUTRONICS PVT. LTD.

Gopikrishna Nema Appellant

V/S

Ashwin Joshi Respondents

Referred Judgements :-

J. CHANDRASHEKHAR RAO VS. JAGAPATHI RAO [REFERRED TO]
ARCHANA KUMAR VS. PURENDU [REFERRED TO]
VASHIST NARAIN SHARMA VS. DEV CHANDRA [REFERRED TO]
PAOKAI HAOKIP VS. RISHANG [REFERRED TO]
BAIDYANATH PANJIAR VS. SITARAM MAHTO [REFERRED TO]
KABUL SINGH VS. KUNDAN SINGH [REFERRED TO]
WOPANSAO VS. N L ODYUO [REFERRED TO]
HARI PRASAD MULSHANKER TRIVEDI VS. V B RAJU [REFERRED TO]
JYOTI BASU VS. DEBI GHOSAL [REFERRED TO]
INDERJIT BARUA VS. ELECTION COMMISSION OF INDIA [REFERRED TO]
LATA DEVI MALI VS. HARU RAJWAR [REFERRED TO]
GOODYEAR INDIA LTD VS. STATE OF HARYANA:GEDORE TOOLS P LTD [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SUN ENGINEERING WORKS PRIVATE LIMITED [REFERRED TO]
UMA BALLAV RATH VS. MAHESHWAR MOHANTY [REFERRED TO]
SHYAMDEO PD SINGH VS. NAWAL KISHORE YADAV [REFERRED TO]
SANTOSH YADAV VS. NARENDER SINGH [REFERRED TO]
LAXMI KANT BAJPAI VS. HAZI YAQOOB [REFERRED TO]
KALYAN KUMAR GOGOI VS. ASHUTOSH AGNIHOTRI [REFERRED TO]
KALYAN SINGH CHOUHAN VS. C P JOSHI [REFERRED TO]

JUDGEMENT

(1.) This petition under section 81 of the Representation of the People Act has been filed by the petitioner-Gopikrishna Nema, who was a candidate on behalf of Bhartiya Janta Party in the election held for the assembly constituency No. 206-Indore-3 of the State of Madhya Pradesh in the year 2008 who lost the election by 402 number of votes, for setting aside the election of Mr. Ashwin Joshi, the returned candidate on the following grounds namely:

(2.) It is thus submitted that the result of the election in favour of the winning candidate i.e. the first respondent has been materially affected on account of preparation of wrong electoral rolls and change of Electronic Voting Machines (for short hereinafter referred to as EVM) in the midst of polling. It is submitted that more than 4000 voters shown in the electoral role in the constituency No. 206-Indore-3 have been shown as voter of other constituency. It is thus submitted that the election of the winning candidate is liable to be set aside under section 100(1)(d)(iv) of the Representation of the People Act, 1951.

(3.) The respondents have opposed the election petition besides objecting to the petition on merits, and also prays for its dismissal on the basis of the following preliminary objections:--

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GOPIKRISHNA NEMA Vs. ASHWIN JOSHI

Referred Judgements :-

JUDGEMENT

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