KISAN SHANKAR KATHORE
VERSUS
ARUN DATTATRAY SAWANT & ORS.
The election petition was filed under Section 100(1)(d)(i) and (iv) of the Act on the ground that in the nomination form filled in by the appellant he had suppressed his dues payable to the Government, suppressed the assets of his spouse and also suppressed the information and assets of a partnership firm of which he is a partner.
After hearing the arguments, the High Court passed judgment dated August 16, 2007 accepting the plea of the first respondent that the nomination form of the appellant was defective and should not have been accepted by the Returning Officer. Following two issues were raised a) Whether there is a substantial compliance in disclosing the requisite information in the affidavits filed by the appellant along with the nomination paper and b) Whether non-disclosure of the information on account of aforesaid four aspects has materially affected the result of the election and in both the issues the court found the appellant guilty and accordingly dismissed the petition…read more