Bombay High Court
Maina Shivaji Kolhe And Another vs The State O F Maharashtra And ... on 9 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2646 OF 2021
Maina Shivaji Kolhe
and another .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
Mr. Anant Devkate, Advocate for the Petitioners.
Mr. A. R. Kale, AGP for Respondent Nos. 1 to 3.
Mr. A. B. Kadethankar, Advocate for Respondent No. 4.
Mr. Abhijit S. More, Advocate for Respondent No. 5.
WRIT PETITION NO. 2645 OF 2021
Smt. Kantabai Devrao Varat
and another .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
Mr. Arvind G. Ambetkar, Advocate for the Petitioners.
Mr. A. R. Kale, AGP for Respondents-State.
Mr. A. B. Kadethankar, Advocate for Respondent No. 2.
WRIT PETITION NO. 2748 OF 2021
Bhaskar Rama Varat .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. Santosh P. Gaikwad, Advocate for the Petitioner.
Mr. A. R. Kale, AGP for Respondents-State.
Mr. A. B. Kadethankar, Advocate for Respondent No. 4.
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CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 09th February, 2021.
PER COURT:-
. At the request of the learned counsel for the petitioners leave to
add Jijabai Deorao Kolhe as a party respondent in Writ Petition No.
2646 of 2021.
2. Mr. More, learned counsel appears for added party and seeks
time.
3. The learned A.G.P. waives notice for respondent Nos. 1 to 3.
Mr. Kadethankar, learned counsel waives notice for respondent No. 4.
4. Prima faice, the factual matrix appears to be that the petitioner
no. 1 contested the election as a member of Village Grampanchayat
Sakat, Taluka Jamkhed, District Ahmednagar from General (women)
category. The present respondent No. 5 Jijabai had filled in her
nomination form. The same, it appears came to be accepted from
General category. It is the contention of Jijabai that she had filled in her
nomination form from General (women) category. She filed Writ
Petition before this Court against rejection of her nomination form of
General (women) category bearing Writ Petition No. 1337 of 2021.
This court under judgment and order dated 21.01.2021 disposed of the
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writ petition in view of the judgment of the Full Bench of this Court
rendered in Writ Petition (Stamp) No. 26 of 2021 and further observing
that the Grampanchayat elections are almost over and the process has
culminated into pronouncement of the result. The said Jijabai was
given liberty to avail an alternate remedy, if so available under law.
After the order was passed by the learned Single Judge of this Court as
above, it appears that, State Election Commission intervened in the
matter and directed re-election of Ward no. 2 i.e. the post for which
Jijabai was contending to have filled in the form from General
(women) category.
5. The petitioner no. 1 was only candidate from General (women)
category from Ward no. 2. The claim of the petitioners is that the
petitioners would be declared elected on a post.
6. The prima dona question would be whether the State Election
Commission could have interfered in the matter after the elections were
over and that too only on the ground that nomination form of one
Jijabai was erroneously accepted from General category instead of
General (women) category.
7. In the present matter, it is not the case that there is a large scale
illegality in the conduct of the election of Grampanchayat Sakat, nor it
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is the contention that there was a commotion during the election
process or any other material illegality affecting the purity of the
election.
8. According to the petitioners, the petitioner no. 1 would be
declared to be elected and her election can be set aside only by of an
election petition. The petitioner relies on Article 243 (o) and Article
329 of the Constitution of India.
9. Mr. Kadethankar, learned counsel and Mr. More, learned counsel
for the respondents, so also learned A.G.P. seek time.
10. The filling of nomination form has not yet commenced though it
is submitted that yesterday the programme is declared by the Tahsildar
and the nomination forms are to be accepted from 16.02.2021.
11. Place the matter on 12.02.2021.
( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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