Bombay High Court
Shri Devchand S/O Chandrabhan ... vs Returning Officer/Tahsildar, ... on 9 October, 2017
Bench: Z.A. Haq
1 WP6660.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No. 6660/2017
Shri Devchand S/o Chandrabhan
Meshram, Aged about 33 years,
Occ. Labour, 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
... RESPONDENT
=====================================
Shri M.V. Rai, Advocate for the petitioner
Shri N.R. Patil, 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 his nomination form is rejected.
2] The elections of the Gram Panchayat, Kodamendi, Tah.
Mouda, Dist. Nagpur are scheduled on 16/10/2017. From Ward No. 3,
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three candidates are to be elected, one from general category, second
from backward class candidate (woman) and the third from general
(woman). The petitioner (male member) submitted his nomination
form, obviously for the seat available for general candidate and the
details given by him in the nomination form also show that he offered
his candidature for the seat available for the general candidate.
However, while giving the details in clause no. (i) of the nomination
form, the petitioner has stated that he intends to contest for the seat
3-'d', which is reserved for general (woman). The learned Assistant
Government Pleader has not been able to point out the
sub-classification of the seats into the three categories 'v', 'c' and 'd'.
Only because the petitioner has stated that he intends to contest seat
referred as 3-'d', it cannot be overlooked that while giving the details
specifically asked for in the subsequent clauses of the nomination form,
the petitioner has unequivocally stated that he intends to contest the
election for the seat available for the general candidate.
3] The decision of the returning officer to reject the
nomination form on untenable grounds, is unsustainable. Hence, the
following order is passed:-
O R D E R
(i) The impugned decision of the returning
officer is quashed.
3 WP6660.2017.odt
(ii) The returning officer is directed to accept
the nomination form of the petitioner and to include his
name in the list of validly nominated candidates, eligible
to contest the elections of the Gram Panchayat,
Kodamendi, Tah. Mouda, Dist. Nagpur from Ward No. 3
scheduled on 16/10/2017 for the seat available for
general candidate.
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 5.55 pm.
JUDGE
Ansari
