Mantrilal S/O Bhojlalsao Jagane vs The Returning Officer, Gram ...
2017 Latest Caselaw 8222 Bom

 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.

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

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

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..