Sau. Sandhya W/O Dilip Ade vs The Returning Officer, ...
2021 Latest Caselaw 57 Bom

                                                      1            Sandhya Dilip Ade - Return. Offi. Pusad.odt


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

                                  Writ Petition No. 63 / 2021

Sau. Sandhya w/o Dilip Ade Vs. The Returning Officer / Tehsildar, Pusad and
                                Another

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Office Notes, Office Memoranda of Coram,                                   Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                               Mr. K.J. Topale with Mr. I.M. Ghongade, Advocate for the petitioner
                               Ms. M.A. Barabde, AGP for the respondent No.1.


                               CORAM : MANISH PITALE, J.

DATED : JANUARY 04, 2021

Heard learned counsel for the petitioner.

2. This Petition was taken on board due to extreme urgency projected on behalf of the petitioner.

3. The learned counsel appearing for the petitioner submits that the facts in the present case are similar to the facts in W.P. No.13/2021 and W.P. No.15/2021. It is submitted that even in the present case, the petitioner had filed nomination forms in two categories i.e. category of backward class of citizens - women and category of general category of women for election to Ward No.3 of grampanchayat Belora Tah. Pusad District Yavatmal. It is submitted that considering the election programme as also Rule 13 of

2 Sandhya Dilip Ade - Return. Offi. Pusad.odt

the Maharashtra Village Panchayats Election Rules, 1959 and applying the same to the facts of the present case, the impugned action of respondent No.1 - Returning Officer is unsustainable. It was submitted that the petitioner ought to have been permitted to exercise an option between two categories till the last date of withdrawal of the nomination papers i.e. today 4th January 2021 till 3:00 P.M. Instead of doing so, according to the petitioner, the respondent No.1 - Returning Officer held that the nomination form of the petitioner in the category of backward class citizen - Women would be considered and the nomination form under the category of general candidate - women would have to be ignored.

4. It is submitted that she desires to contest the election under the category of general category - women.

5. While passing the interim order in W.P. No.13/2021 and W.P. No.15/2021, this Court has considered similar facts and taking note of Rule 13 of the said Rules, as also judgment of the Division Bench in the case of Sudhakar s/o Vitthal Misal Vs. State of Maharashtra & Ors. 2007(6) ALL M.R. 773, it has been held that the petitioner therein deserved interim relief during pendency of the Writ Petition.

6. Since the facts in the present case are

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similar, this Court is inclined to pass a similar order.

7. Issue notice, returnable in four weeks.

8. Ms. M.A. Barabde, learned AGP waives notice of behalf of respondent No.1.

9. In the meanwhile, there shall be ad-interim relief in terms of prayer clause (b), subject to further orders in the Writ Petition.

10. Considering the urgency of the matter, learned AGP is requested to communicate this order to the respondent No.1 - Returning Officer immediately.

JUDGE MP Deshpande