1 wp6752.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.6752/2017
Smt. Kantabai W/o Ashok Bante,
aged 39 Yrs., Occu. Housewife,
R/o Katangi (Kala), Tq. and
District Gondia. ..Petitioner.
..Vs..
1. Returning Officer No.13,
for the General Election of Gram
Panchayat Katangikala, Tq. and
Distt. Gondia, through Tahasildar,
Gondia, Tq. and Distt. Gondia.
2. Election Officer for the General
Election of Gram Panchayat Katangikala,
Tq. and Distt. Gondia. ..Respondents.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shri U.K. Bisen, Advocate for the petitioner.
Smt. M.A. Barabde, A.G.P. for the respondents.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CORAM : Z.A. HAQ, J.
DATE : 13.10.2017. ORAL JUDGMENT 1. Heard. 2. Rule. Rule made returnable forthwith.
3. The petitioner has filed this petition challenging the decision of the Returning Officer by which the nomination form submitted by the ::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017 02:48:51 ::: 2 wp6752.17 petitioner is accepted in the general category overlooking that the petitioner submitted the nomination form offering her candidature for the seat reserved for general (woman) category.
4. The learned Advocate for the petitioner and the learned A.G.P. submitted that the controversy is covered by the judgment given by this Court in Writ Petition No.6589/2017 on 6th October, 2017. By this judgment it is held that the nomination form cannot be rejected only relying on the entries in Clause (1) of the nomination form, where the reference to the seat is made by letters "v" , "c", and "d", and the other entries / details given in the nomination form should also be considered. The details given by the petitioner in her nomination form clearly show that the petitioner offered her candidature for the seat reserved for general (woman) category and not for the seat available for the general candidate.
5. This Court passed an interim order on 11 th October, 2017 directing the Returning Officer to provisionally accept the nomination form of the petitioner and to take all consequential necessary steps in the matter. The Advocate for the petitioner and the learned A.G.P. have submitted that the nomination form of the petitioner is accepted.
6. In view of the above, following order is passed: ::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017 02:48:51 :::
3 wp6752.17 The decision of the Returning Officer rejecting the nomination form of the petitioner is modified.
The respondent / Returning Officer is directed to treat the petitioner as validly nominated candidate for the election of Grampanchayat Katangalikala (Katangi[Kala]), Tq. and Distt. Gondia and to take all consequential necessary steps in the matter.
Rule made absolute in the above terms.
In the circumstances, the parties to bear their own costs.
JUDGE Tambaskar.
::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017 02:48:51 :::