Bombay High Court
Kishor Madan Shahu vs Returning Officer/Tahsildar, ... on 9 October, 2017
Bench: Z.A. Haq
1 WP6658.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No. 6658/2017
Shri Kishor Madan Shahu,
Aged about 38 years, Occ. Agriculturist,
R/o
..... PETITIONER
...V E R S U S...
The Returning Officer/Tahsildar,
Gram Panchayat Election, Kodamendi
Tah. Mouda, Dist. Nagpur
... RESPONDENT
=====================================
Shri M.V. Rai, Advocate for the petitioner
Shri M.A. Barabte, AGP for the respondent
=====================================
CORAM:- Z.A. HAQ,J.
DATED :- 09 th October,
201
7
ORAL JUDGMENT :-
RULE. Rule made returnable forthwith.
1] The petitioner has challenged the decision of the
Returning Officer by which the nomination form of the petitioner is
rejected on the ground that it is not properly filled up.
2] The election of the Gram Panchayat are scheduled on
16/10/2017. The petitioner submitted his nomination form expressing
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his desire to contest election for the seat from Ward No. 2, being
eligible to contest on that seat. In Ward No. 2, there are three seats
referred as 2-v, 2-c, and 2-d. Seat 2-v being reserved for Backward
Class category, seat 2-c being reserved for Scheduled Caste Category
(Woman) and 2-d being reserved for Backward Class Category
(Woman). In clause no. (i) of the nomination form, the petitioner has
stated that he is offering his candidature for seat 2-v, however, while
filing the further details below clause no. (vii), the petitioner has stated
that he intends to contest elections for the seat available for the general
candidate and because of this, the nomination form of the petitioner is
rejected.
3] The contention of the petitioner is that he has offered
his candidature for contesting the seat reserved for backward class
category and apart from the fact that while filling up the details in
column no. (i) of the nomination form, he has stated that he is offering
his candidature for seat 2-v, the petitioner has stated in the penultimate
clause of the nomination form (at page 17) that he belongs to backward
class category. The petitioner has submitted the certificate of validity
issued by the Caste Certificate Scrutiny Committee, alongwith the
nomination form.
4] Considering the facts of the case, in my view, the defect
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in the nomination form cannot be said to be of substantial character
which necessitates the rejection of the nomination form. The returning
officer should have granted an opportunity to the petitioner at the time
of scrutiny to rectify the inadvertent mistake committed by the
petitioner while submitting the nomination form.
In my view, the impugned order is unsustainable.
Hence, the following order:-
O R D E R
(i) The decision of the returning officer to
reject the nomination form of the petitioner, is
quashed.
(ii) The returning officer is directed to accept
the nomination form of the petitioner for the
elections of Gram Panchayat, Kodamendi, Tah.
Mouda, Dist. Nagpur scheduled on 16/10/2017.
The returning officer shall take all consequential
necessary steps in the matter.
Rule is made absolute in the above terms. In the
circumstances, the parties to bear their own costs.
The learned Assistant Government Pleader shall intimate
this judgment to the returning officer forthwith. The returning officer
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shall act on the copy of this judgment, authenticated by Court
Shirastedar.
Judgment dictated in Court at 3.35 pm.
JUDGE
Ansari
