wp.6462.17
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 6462/2017
Shri Punjabrao Trambakrao Deshmukh
Aged 51 years, occu: Agriculture
Res. At & Po: Linga Kotwal
Tah.Risod, Dist.Washim 444 506. .. PETITIONER
versus
1) State of Maharashtra
Rural Development Department
Mantralya, Mumbai.
2) The Collector, Washim
Tah. & Dist. Washim.
3) The Returning officer
Tahsil Office, Risod, Dist.Washim. .. RESPONDENTS
...............................................................................................................................................
Mr. U.P. Deopujari, Advocate for the petitioner
Mr. N.S.Rao, AGP for respondent nos.1 to 3
................................................................................................................................................
CORAM: B.P. DHARAMDHIKARI &
MRS. SWAPNA JOSHI, JJ.
DATED: 6th October, 2017 ORAL JUDGMENT: (PER B.P.DHARMADHUIKARI, J.)
1. Rule. Rule, made returnable forthwith. Heard finally.
2. Heard submissions. Nominations of petitioner for post of Ward-Member was initially accepted during scrutiny. Thereafter without any notice and behind his back, it has been rejected. Submission, such a power of modification or review cannot ::: Uploaded on - 07/10/2017 ::: Downloaded on - 08/10/2017 01:54:27 ::: wp.6462.17 2 be exercised by respondent no.3.
3. Learned AGP submits that petitioner was disqualified for not submitting election expenses of election conducted in 2012. Our attention is drawn to order dated 30th March 2012 wherein such disqualification has been ordered and petitioner is also declared disqualified for contesting election for next five years. The name of petitioner appears at Sr.No.22 in Risod Tq. against Gram Panchayat Linga Kotwal.
4. This order has attained finality.
5. In this circumstances, it is apparent that petitioner himself could not have submitted nomination and its wrongful or inadvertent acceptance by Returning Officer cannot cloathe him with any legal right. It appears that Returning Officer has corrected the error after learning about it.
6. In this situation, if the technical contention raised by Adv. Deopujari is accepted, it will lead to restoration of an illegality. A writ cannot be issued in such circumstances. No case is therefore made out. The Writ Petition is dismissed. Rule discharged. No costs.
JUDGE JUDGE
sahare
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