Judgment 1 wp6531.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 6531 OF 2017
Mantrilal S/o. Bhojlalsao Jagane,
Aged about 47 years, Occu.: Agriculturist &
Business, R/o. Murdada, Tq. & Distt. Gondia.
.... PETITIONER.
// VERSUS //
1. The Returning Officer, Gram Panchayat,
Murdada, Tq. & Distt. Gondia.
2. Parmanand S/o. Bhaulal Upwanshi,
Aged about 62 years, Occu.: Agriculturist
& Business, R/o. Murdada, Tq.& Distt.
Gondia.
.... RESPONDENTS
.
___________________________________________________________________
Shri M.R.Joharapurkar, Advocate for Petitioner.
Shri S.J. Kadu, A.G.P. for Respondent No.1.
___________________________________________________________________
CORAM : Z.A.HAQ, J.
DATED : OCTOBER 13, 2017.
ORAL JUDGMENT :
1. Heard learned advocates for the respective parties.
2. RULE. Rule made returnable forthwith.
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Judgment 2 wp6531.17.odt
3. The petitioner was elected as member of Gram Panchayat in the elections held in 2012. A complaint was filed against the petitioner that he has encroached on the government land. The proceedings under Section 16 of the Maharashtra Village Panchayats Act, 1958 (hereinafter referred to as "the Act") were taken up and the petitioner was disqualified from continuing as a member of the Gram Panchayat, under Section 14(1)(j-3) of the Act.
4. Now, the elections of the Gram Panchayat are being again conducted and are scheduled on 16 th October, 2017. The petitioner submitted his nomination form. The respondent No.2 objected to the acceptance of the nomination form of the petitioner on the ground that he is disqualified by the competent authority by order dated 19 th December, 2016. This objection is upheld by the Returning Officer and the nomination form of the petitioner is rejected. Being aggrieved by this decision, the petitioner has filed this petition.
5. The advocate for the petitioner has submitted that the impugned decision of the Returning Officer is illegal and unsustainable and the nomination form of the petitioner cannot be rejected in view of the order passed by the Additional Commissioner on 19 th December, 2016 disqualifying the petitioner under Section 14(1)(j-3) of the Act. It is submitted that by this order, the petitioner is disqualified from continuing as a member of Gram ::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017 02:48:53 ::: Judgment 3 wp6531.17.odt Pancnayat for the remainder of the term which comes to an end along with other members of the Gram Panchayat who were elected in the elections held in 2012. It is submitted that the order passed by the Additional Commissioner does not disqualify the petitioner for any further period or from contesting the subsequent elections.
6. Though the learned A.G.P. has supported the impugned decision, he has not been able to point out anything from the order passed by the Additional Commissioner on 19 th December, 2016 on the basis of which it can be said that the disqualification of the petitioner continues for the subsequent elections also.
7. The right to contest the election is a statutory right and the right conferred on the petitioner cannot be taken away unless he incurs disqualification either under the Act or under any order passed by the competent authority disqualifying him from contesting the election. The Returning Officer has committed an error in relying on the order passed by the Additional Commissioner on 19th December, 2016 to reject the nomination form of the petitioner.
8. The advocate for the petitioner and the A.G.P. has submitted that as directed by the order passed by this Court on 5 th October, 2017 the nomination form of the petitioner is accepted and his name is included in the ::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017 02:48:53 ::: Judgment 4 wp6531.17.odt list of validly nominated candidates for the elections to be held on 16 th October, 2017.
9. In view of the above, following order is passed:
i) The impugned decision of the Returning Officer is quashed.
ii) The respondent No.1-Returning Officer is directed to consider the petitioner as validly nominated candidate for the election of Gram Panchayat, Murdada, Tahsil and District : 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.
The parties to act on the authenticated copy of this judgment.
JUDGE RRaut..
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