Vaishali Komeshwar Shende And ... vs Returning Officer, Gram ...
2017 Latest Caselaw 8223 Bom

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                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 NAGPUR BENCH : NAGPUR


                                                       WRIT PETITION NO.6540/2017

1.         Vaishali Komeshwar Shende,
           Age 33, Occu. Housewife. 

2.         Pushpa Devidas Garkavar,
           Age 3o, Occu. Housewife.

           Both R/o Gadisurla, Tq. Mul, 
           Distt. Chandrapur.                                                                                                                         ..Petitioners.

                          ..Vs..

           Returning Officer,
           Gram Panchayat, Gadisurla, Tq. Mul, 
           Distt. Chandrapur.                                                     ..Respondent.
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           Shri N.S. Warulkar, Advocate h/f Shri A.V. Band, Advocate for the petitioners. 
           Smt. M.A. Barabde, A.G.P. for the respondent.
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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 petitioners have filed this joint petition and have challenged

the decisions of the Returning Officer by which the nomination forms

submitted by the petitioners are accepted in the general category overlooking

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that the petitioners submitted the nomination forms offering their candidature

for the seats reserved for general (woman) category.

4. The learned Advocate for the petitioners 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

petitioners in their nomination forms clearly show that the petitioners offered

their candidature for the seats for general (woman) category and not for the

seats available for the general candidates.

5. This Court passed an interim order on 5th October, 2017 directing

the Returning Officer to provisionally accept the nomination forms of the

petitioners and to take all consequential necessary steps in the matter. The

Advocate for the petitioners and the learned A.G.P. have submitted that the

nomination forms of the petitioners are accepted.

6. In view of the above, following order is passed:

The decisions of the Returning Officer rejecting the nomination

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forms of the petitioners are modified.

The respondent / Returning Officer is directed to treat the

petitioners as validly nominated candidates for the election of Grampanchayat

Gadisurla, Tq. Mul, Distt. Chandrapur 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.