Smt. Kantabai W/O Ashok Bante vs Returning Officer No. 13, General ...
2017 Latest Caselaw 8221 Bom

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                                       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.
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           Shri U.K. Bisen, Advocate for the petitioner. 
           Smt. M.A. Barabde, A.G.P. for the respondents.
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                                                                 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

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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:

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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.