TUKARAM S.DIGHOLE vs MANIKRAO SHIVAJI KOKATE. Supreme Court, 05-02-2010
| Docket Number | C.A. No.-002928-002928 / 2008 |
| Date | 05 February 2010 |
| Parties | TUKARAM S.DIGHOLEMANIKRAO SHIVAJI KOKATE |
| Court | Supreme Court (India) |
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2928 OF 2008
TUKARAM S. DIGHOLE —APPELLANT
VERSUS
MANIKRAO SHIVAJI KOKATE —RESPONDENT
J U D G M E N T
D.K. JAIN, J.:
1. This appeal under Section 116-A of the Representation of the
People Act, 1951 (for short “the Act”) is directed against the
final judgment and order dated 25th January, 2008, rendered by
the High Court of Judicature at Bombay in Election Petition
No.13 of 2004, whereby the election petition preferred by the
appellant, challenging the election of the respondent to the
House of People (Lok Sabha) from 69, Sinnar Parliamentary
Constituency in the State of Maharashtra has been dismissed.
2. Briefly stated, the material facts giving rise to the present
appeal are as under:
Election to the said parliamentary constituency was held on 13th
October, 2004 and the results were declared on 16th October, 2004.
The appellant contested the elections as a candidate of NCP-
Congress — R.P.I. alliance, whereas the respondent contested the
election as a Shiv Sena — Bharatiya Janta Party alliance candidate.
Out of a total of 1,35,063 votes cast in the election, while the
respondent secured 67,556 votes, the appellant could manage
47,593 votes. Resultantly, the respondent was declared elected.
3. Not being satisfied with the election result, the appellant
preferred an election petition, challenging the election on several
grounds and for declaring the said election to be void in terms of
Sections 100(1)(b), 100(1)(d)(ii) and 100(1)(d)(iv) of the Act, with
consequential relief of declaring the appellant as elected in terms of
Section 101(b) of the Act.
4. The election petition was contested by the respondent denying
all the allegations. It was pleaded that the election petition was not
maintainable inasmuch as it was not in the prescribed format; no
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