Petitioner challenged election purity alleging a candidate lost by one vote by casting ballots in two villages. Court ruled election disputes require election petition and evidence. Writ petition disposed without merits.
Writ petition disposed of. No costs awarded.
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1 22-wp 4944-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 4944 OF 2021
Bharatbai Bhagwanrao Suryawanshi
.. Petitioner
Versus
The State of Maharashtra and others
.. Respondents
Mr. Umakant B. Deshmukh, Advocate for the Petitioner.
Mr. P. N. Kutti, AGP for Respondents-State.
Mr. A. B. Kadethankar, Advocate for Respondent Nos. 2 and 5.
CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.
DATED : 22nd March, 2021.
PER COURT:-
.We have heard Mr. Deshmukh, learned counsel for the petitioner.
The learned counsel submits that respondent No. 7 has caste vote from
two different villages and the petitioner has lost by one vote. The same
materially affected the result of the election. The purity of election is
also affected. The election stands vitiated.
2. The election of a returned candidate can be set aside by an election petition. The pros and cons of the voting of respondent No. 7 in two villages will have to be considered by evidence.
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2 22-wp 4944-2021.odt
3. It would not be possible to consider all these aspects in the
present petition.
4. Writ petition, as such, is disposed of. No costs.
( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE
P.S.B.
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2 issues framed by the court
Whether the High Court can adjudicate the purity of an election and set aside the result of an election in a writ petition when a candidate alleged to have voted from two villages lost by one vote.
Whether the question of casting a double vote by a candidate can be decided on affidavit evidence in a writ petition.
Bharatbai Bhagwanrao Suryawanshi
The State of Maharashtra
S. V. Gangapurwala
Shrikant D. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court