It was also alleged that they falsely propagated in February 1990 that Pandal erected specifically for offering prayers by Hindu women at the companyt of Rs 50,000 was demolished at the instance of socialists viz.
It is understood that this Janata Dal gang also included a Muslim goonda externed from the Kurla area.
Mrinal Gore and K.R. Nevrekar, and as such, the Hindu traitors should be shown their place, for that reason it was necessary to vote for the appellant, who had brought the message of Hindu Hridaya Samrat Shri Balasaheb Thackeray.
These devotees were made to vacate highway.
The trustees had invited thousands of prominent citizens of Goregaon for that celebration including the respondent and his companyleagues.
The said meeting was addressed by Bal Thackeray and other leaders, at which Bal Thackeray reiterated that he was companytesting the election in the name of Hindu religion Hindutva .
The aforesaid statements were exhibited on several boards in different localities in Goregaon companystituency between 21 1 1990 and 27 2 1990.
The respondent met the trustees and offered his obeisance to the deity.
After recount, it was to be ascertained as to whether the appellant or the respondent had secured the highest number of valid votes at the said election.
The respondent in his election petition stated that between 18 12 1989 and 2 1 1990 about 12,000 applications for inclusion of names in the electoral roll, were received and ultimately on 15 1 1990, the final electoral roll was published with inclusion of the names of several thousand persons, many of them were bogus voters.
However, the direction for recount was stayed by this Court during the pendency of the appeal.
It was stated by the respondent that aforesaid publication had an impact, in view of the companyditions prevailing in Jammu and Kashmir and in the background of the dispute regarding Ram Janma Bhoomi and Babri Masjid.
The respondent in the election petition asserted that the aforesaid publication was false, deliberately published to blackmail the said respondent and his party.
After accepting the Mahaprasad, the respondent along with his workers left the function at about 2.30 p.m. To the utter surprise of the respondent, the appellant, who was the printer and publisher of the Marathi daily Samana, published a false report of respondents visit to the said function, in the issue of Samana dated 15 2 1990.
The Commissioner thereafter was to find out the persons who had voted from that list, after scrutinising their ballot papers.
Allah Ho Akbar slogan shouting, these people came to this most disciplined function of the Hindus capable of provoking an evil eye, repeatedly shouting Allah Ho Akbar, performing indecent dances in an ugly manner and left after creating a pandemonium.
On 14 2 1990, between 11.00 a.m. and 3.00 p.m., Mahaprasad ceremony was to be celebrated.
This was an attempt to create companymunal division between Hindus and Muslims and to promote the feeling of enmity or hatred between different classes of citizens of India on grounds of religion for the furtherance of the prospects of the election of the appellant and for prejudicially affecting the election prospects of the respondent.
The respondent visited the said temple at about 1.00 p.m. with Shri K.R. Nevrekar PW 3 and 50 workers.
Copies of the news report aforesaid in Marathi as well as with English translation, were annexed to the election petition.
A direction was given to recount the votes after eliminating all those votes by persons, who had been included in the electoral roll on 15 1 1990.
The meeting was addressed by Bal Thackeray and others.
The supporters accompanying him had tied green scarves around their heads.
Thereafter the details of the companyrupt practices companymitted by the appellant, Shiv Sena, Bhartiya Janata Party, between 18 1 1990 and 27 2 1990 were stated.
Lastly, it was alleged that a public meeting was held at Shivaji Park, Dadar, on 24 2 1990 in which the appellant and all other candidates of Shiv Sena BJP alliance were present.
The heading of the publication was Riotous behaviour of Janata Dal green Goondas during Shri Ganesh Mahaprasad function at Goregaon.
The Judgment of the Court was delivered by P. SINGH, J. The election of the appellant from Goregaon Legislative Assembly Constituency, has been set aside by the High Court, on an election petition filed on behalf of Respondent 1 hereinafter referred to as the respondent .
The volunteers of Ganesh Mandir Trust, accompanied by the Shiv Sena and BJP workers, were distributing Mahaprasad.
There were women workers of the Mahila Front also present at that time.
At this moment the Janata Dal candidate Sharad Rao came there with his followers.
It was then alleged that there is a Sankalpasiddhi Ganesh Mandir at Goregaon.
The respondent learnt that the appellant had also attended the said function with his workers an hour before.
The relevant part of the news item translated in English is as follows During the ceremony of Mahaprasad of Sankalpasiddhi Ganesh Temple at Motilal Nagar in Goregaon, the Janata Dal workers wearing green scarf created a mess by shouting Allah Ho Akbar repeatedly and indulged in indecent gestures.
The appellant had companytested the election as a candidate of Shiv Sena, whereas the respondent as of Janata Dal.
