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6. It is these conclusions and reliefs granted on by basis which are challenged by the returned candidate Gadakh and the notice Sharad Pawar, while respondent No. 5 Deshmukh Bhagwan Rangnath and respondent No. 6 Najan Rambhau Maruti have challenged merely the further declaration of Vikhe Patil to have been duly elected, in their appeals.

7. At this stage, a gist of the alleged false statements relating to the personal character of Vikhe Patil attributed to Gadakh and Sharad Pawar may be mentioned while the details thereof would be stated later at the time of considering each of them separately. It has been alleged by Vikhe Patil that Gadakh attributed to him the resort of corrupt methods for winning the election in his statements by stating the Vikhe Patil had a huge election budget of Rs. 3 crores; that Vikhe Patil had paid Rs. 50 lakhs to the election fund of Janata Dal; that Rs. 20 lakhs were by him to the Janata Dal candidate B.G. Kolse Patil to shift to another constituency; that he was to distribute 5000 bicycles to the participants in a bicycle rally to be taken out for him; that he had offered to the workers in the election campaign Rs. 25,000 at the village level and Rs. 50,000 at the taluka level; that he was to give money for repairs of Chawdies and temples in the constituency; and he was to distribute sarees, dhoties, liquor and cash to the voters for purchasing their votes. It was also alleged that Gadakh exhorted the voters in the constituency to accept these things from Vikhe Patil but to vote for Gadakh. Against Sharad Pawar, it was alleged that in the public meetings he addressed at Newasa and Srigonda, he made similar statements in the presence of Gadakh, except the statement attributed to Gadakh alone of payment by Vikhe Patil to the Janata Dal election fund and the Janata Dal candidate. It may be noticed at this stage that combined findings against Gadakh and Sharad Pawar have been recorded by the High Court in paragraphs 223 and 224 of the judgment in respect of all the alleged statements including those relating to payments to the Janata Dal and the Janata Dal candidate even though there is no pleading or proof of such statements being made by Sharad Pawar. The application made by the returned candidate Gadakh for recrimination alleging that the election of Vikhe Patil would have been void if he had been the returned candidate, was also dismissed by the High Court. Civil Appeal No. 2445 of 1993 as well as Special Leave Petition (Civil) No. 9210 of 1993 filed by Gadakh against dismissal of his application for recrimination have already been dismissed by us as not pressed.

...The petitioner states that the first respondent made a statement in the meeting dated 2nd May 1991, that in order to take the support of Janata Dal, the petitioner had paid Rs. 50 lakhs to the election fund of (Janata Dal)....
The Petitioner states that in the meeting addressed by the first respondent in the office of the District Congress Committee, Ahmednagar, on 2.5.1991, as stated in para No. 10. and further the first respondent made a statement that a sum of Rs. 5000 had been sent on behalf of Petitioner for constructing Chawdi at Ganganager area of Newasa tahsil. The respondent No. 1 further stated that the Petitioner was going to have bicycle rally of 5000 strong, and those bicycles would be given permanently to the participants in the said rally.... The Petitioner states that no bicycle rally was held. The Petitioner had not purchased any bicycle not handed over any bicycle to anybody. The statement made by the first respondent was false. The statement indicates that the Petitioner was going to spend large sum of money to bribe voters, and even distribute 5000 bicycles....
The Petitioner states that an Election meeting was held at Newasa Bajartal on 3.5.1991, at 10.30 a.m. for the inauguration of propaganda. The said meeting was addressed among others by the first respondent and the then Chief Minister of Maharashtra Shri Sharad Pawar. In the said meeting, the first respondent repeated that 5000 bicycles...distributed, money is also being sent for repairing of Chawdi. Temples and cash was being distributed on behalf of the Petitioner. Shri Sharad Pawar made a reference to this statement in the presence of the first Respondent and Shri Sharad Pawar also made statement that Vikhe is under false impression that the poor men from famine affected area of South Nagar District can be purchased. Poor persons do not go here or there for money. Don't take test of self respect of those (poor men). Institutions have been erected by taking advantage of party. Voter can't be purchased by that money. Shri Pawar advised the voters that if the wealth is being distributed take the wealth but vote for Congress. Statement were repeated to the effect that the Petitioner was distributing bicycles and pairs of dhoties, and sarees, among voters in the constituency....
The Petitioner had not paid Rs. 50 lakhs or nor any amount to Janata Dal Election Fund, nor paid Rs. 20 lakhs to Shri B.G. Kolse Patil. Petitioner had not distributed bicycles, liquor bottles, dhoties, sarees, cash amounts among the voters. Petitioner had not attempted to induce the workers of other party with financial support. The first respondent knew that the above statement was false. The first respondent believed it it be false....
The Petitioner states that the first respondent was also present in the election meeting on 11th May 1991, at Srigonda at 8.30 p.m. in Ahmednagar constituency. The said meeting was addressed by the then Chief Minister Shri Sharad Pawar.... The Petitioner states that the then Chief Minister Shri Sharad Pawar making the reference to above fact relating to Petitioner, made the following statements. "Who is contesting this election against us. On one side there is Rajiv Gandhi and this his candidate trying to save the country. On the other side are the ranged people trying to secure voters in the name of religion and some other candidates and on the third side there is someone who went in adoption some where because it was not possible for him to wait when the party told him to wait for some time. And the third candidate who is contesting the election with their support had left his party and came here thinking that this is a soft (electorate). I am not worried about the Bhartiya Janata Party candidate in this constituency because he is going to loose. He too is aware of this. The question is different while what to do about this adoptive candidate who was raised by the Congress made a member of Parliament for five times, and office bearer of the Zilla Parishad. On one occasion when he was asked to wait a little, he grew impatient and began searching. He filled up (nomination) forms in Kopergaon and in Nagar. He adopted a stand of interest parties while to rebel in South constituency. But while performing that role he saw that he could not get an opportunity in the north. So the idea entered his mind that this South constituency being a famine prone region and the people there being poor he could pocket them. So he started activating in this path with a view to take over Maharashtra from here and win the election by the efforts of interested parties by playing game of purchasing your self respect. We must face it and defeat such activity. That is the task to be done in this election. At some time or other you will have to tell (them) that money alone cannot be in important motivation in this election. What is needed is ideology, policy, programme and morality. It is wrong to give up morality, when one is wish is not fulfilled to leave the party program and colleagues when a favourable decision is not taken and to join hand with other parties once the 'kum kum" (sacred red powder indicating natrimony) is applied, its sanctity must be maintained. But we did not know, that the kum kum was being applied in the name of one person and the eyes were looking at somebody else.... Then the possibility cannot be ruled out that attention will be drawn to all such question; like what benefit we will get, which leaders are coming to South (constituency) will be village chawdi be built, will the temple be renovated will the motorbike be available for riding, will bicycles at least be available for ridding. It is not in your and my interest to accept the same. It will not behave our self respect, but it must be accepted. I say that the reason for this (acceptance) is that whatever comes, will be coming out of the resources of society. If the process of distribution has begun, it is very good in the interest of establishing socialism in this away. Take the same for free and use it against them. If we can do this sincerely, then I am sure that all these people shall realize that the people of South (constituency), are poor but their attitude is different....