Bombay High Court
Smt. Vandana W/O Kishor Varkhade vs Returning Officer/Tahsildar, ... on 9 October, 2017
Bench: Z.A. Haq
1 WP6659.2017..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No. 6659/2017
Smt. Vandana W/o Kishor Varkhade,
Aged about 34 years, Occ. Housewife,
R/o At Kodamendi, Tah. Mouda,
Dist. Nagpur
..... PETITIONER
...V E R S U S...
Returning Officer/Tahsildar,
Gram Panchayat Election,
Kodamendi, Tah. Mouda,
Dist. Nagpur
... RESPONDENTS
=====================================
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 submitted her nomination form
expressing her intention to contest the elections from Ward No. 3 of the
Gram Panchayat, Kodamendi, Tah. Mouda, Dist. Nagpur scheduled on
16/10/2017. From Ward No. 3, three candidates are to be elected, one
from general category, second seat is reserved for backward class
category (woman) and the third seat is reserved for general (woman).
2] In the form submitted by the petitioner, she stated that
she intends to contest elections for seat 3-'c' reserved for general
::: Uploaded on - 10/10/2017 ::: Downloaded on - 11/10/2017 02:01:22 :::
2 WP6659.2017..odt
(woman). The form is rejected on the ground that the seat 3-'c' is
reserved for backward class category (woman) and if the petitioner
intended to contest on the seat reserved for general (woman), she
should have stated in the form that she intended to contest on the seat
3-'d'.
3] The reason given by the returning officer for rejecting
the nomination form of the petitioner is unjustified. The nomination
form submitted by the petitioner clearly shows that the petitioner
intends to contest election for the seat reserved for general (woman).
Only because the petitioner has stated that she intends to contest on
seat 3-'c', does not enable the returning officer to reject her nomination
form overlooking the unequivocal declaration given by the petitioner in
the nomination form that she intends to contest the election for the seat
reserved for general (woman). The learned AGP has not been able to
point out that the seats are classified into the categories 'v', 'c' and 'd'
and on the basis of these categories, the seats are identified for
considering the validity of the nomination forms.
4] I find that the decision of the returning officer to reject
the nomination form, overlooking the details given by the petitioner
which unequivocally show the intention of the petitioner to contest the
election for the seat reserved for general (woman), is unsustainable.
::: Uploaded on - 10/10/2017 ::: Downloaded on - 11/10/2017 02:01:22 :::
3 WP6659.2017..odt
Hence, the following order is passed:-
O R D E R
(i) The impugned decision of the returning
officer is quashed.
(ii) The returning officer is directed to accept
the nomination form of the petitioner and to include
her name in the list of validly nominated candidates for
the elections of the Gram Panchayat, Kodamendi, Tah.
Mouda, Dist. Nagpur scheduled on 16/10/2017 for the
seat reserved for general (woman).
The respondent- 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
shall act on the copy of this judgment, authenticated by Court
Shirastedar.
Judgment dictated in Court at 5.45 pm.
JUDGE
Ansari
