1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1396 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1396 OF 2011 *** 1. Heard Advocate Mr. Salunke for Petitioner. Petitioner secured 3779 votes while successful candidate i.e. Respondent No.2 has scored 7783 votes. The Election petition was filed with contention that there is obvious error in relation to 207 votes or 217 votes. The petition has been rejected by the District Judge-6, Aurangabad. 2. Shri Salunke has contended that this error covers about 207 or 217 votes has been accepted. His other contention is this number by itself is not decisive of actual error or mistake which may have occurred while counting or polling was going on. 3. Even if the alleged defect in relation to 207 or 217 votes is accepted, that by itself is not sufficient to upset election of Respondent No.2 as margin between petitioner and Respondent No.2 is much more. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1396 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 4. Other contention that this figure of 207 or 217 votes is not indicative of actual error which may have taken place in election process either while polling or counting of votes cannot be appreciated as petitioner did not lead necessary evidence before the District Court in that respect. 5. I, therefore, find nothing wrong with the application of mind by District Court. Petition rejected. No costs. [B.P.DHARMADHIKARI, J.] Dated:28/02/2011. ans/1396