KANKAR MUNJARE Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) Parties are heard on IA No. 13035/2019, an application filed under Order VII Rule 11 CPC read with Section 81(1)(a) of The Representation of the People Act,1951 (hereinafter referred to as "the Act").

(2.) It is submitted in the application that the petitioner has called in question the election of the returned candidate from the Parliamentary Constituency No. 15 mainly on the following grounds :-

(3.) It is submitted by learned counsel for the respondent no. 5 that in para 4 to 6 of the election petition, the objection regarding disqualification and improper acceptance of the nomination of respondent no. 16 is taken on the ground that respondent no. 16 was convicted and sentenced by the trial Court in S. T. No. 15/2007. It is contended that a criminal appeal has been preferred against the said conviction and sentence which is still pending, and by order dated 01. 02. 2010, his sentence has been suspended, hence, in view of Section 8(4) of the Act, disqualification will not take effect till the criminal appeal is decided. It is further submitted that the allegations made in para 7 and 8 regarding battery of EVM showing as 99% charged are vague and bereft of details.