Laxman Audumabar Salunkhe vs The State Of Maharashtra Thr. ...
2021 Latest Caselaw 939 Bom

Swaroop     Digitally signed
            by Swaroop S.
S.          Phadke
            Date: 2021.01.16
Phadke      17:44:00 +0530
                                                                         6 wpst 253 of 2021.doc

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION
                        WRIT PETITION (ST) NO.253 OF 2021

Laxman Audumbar Salunkhe                                     ...      Petitioner
      versus
The State of Maharashtra and Ors.                            ...      Respondents

Mr. Sarang S. Aradhye, for Petitioner.
Ms. M.P.Thakur, AGP, for State.
Mr. S.B.Shetye, with Mr. Ifran Sheikh, Ms. Sarika Shetye, for State Election
Commission.

                                CORAM:        S.J. KATHAWALLA &
                                              VINAY JOSHI, JJ.

                                DATE:         14th JANUARY, 2021

P.C.:

1. The above Writ Petition is filed by the Petitioner seeking the following

reliefs :

"(b) That by appropriate Writ, Orders as well as directions of this Hon'ble Court, the impugned decision/order of the Respondent No.2, the Returning Officer dated 4th January, 2021 thereby not including the Petitioner's name in the final list of the candidates in Ward No.2-C for the General Elections of the Village Panchayat Khed-Bhalawani be quashed and set aside;

(c) That by appropriate orders as well as directions of this Hon'ble Court the Respondent No.2, the Returning Officer be ordered and directed to include the Petitioner's name in the final list of validly nominated / contesting candidates from Ward No.2- C of Village Panchayat Khed-Bhalawani, Taluka Pandharpur, Dist.

SSP                                                                                       1/3
                                                                    6 wpst 253 of 2021.doc

Solapur, for the General Elections 2020-2021 to 2025-2026 forthwith;"

2. The Petitioner has filed two nominations to contest the election from Ward

No.2-C for the General Elections of the Village Panchayat Khed - Bhalawani to be

held tomorrow i.e. 15th January, 2021. The first nomination form was presented on

29th December, 2020. Since there was some mistake in the form, the Petitioner

presented another nomination form on 30th December, 2020.

3. On 31st December, 2020 a preliminary list of valid nomination forms was

issued by the Returning Officer in which both the nomination forms of the Petitioner

were shown as valid. Admittedly, the Petitioner who had filed nominations from the

same ward, was required to withdraw one of the two nomination forms. The

Petitioner by his letter dated 4th January, 2021 informed the Returning Officer that he

is desirous of withdrawing the nomination form dated 29 th November, 2020 and is

retaining his nomination dated 30 th December, 2020. In the final list of valid

nominations issued on 4th January, 2021, the nomination/candidature of the Petitioner

is not shown. In other words, the nomination of the Petitioner was rejected.

3. The learned Advocate for the State Election Commission is unable to give

any reason as to why both the nominations of the Petitioner from Ward No.2-C were

rejected. However, in the case of Karmaveer Tulshiram Autade and Ors. V/s. State

Election Commission and Ors., the Full Bench of this Court has in its Judgment dated

SSP 2/3 6 wpst 253 of 2021.doc

13th January, 2021 in Writ Petition (St) No.26 of 2021 , interalia held that "Article 243-

O(b) of the Constitution of India is a bar for entertaining a writ petition under Article 226

of the Constitution against an order passed by the Returning Officer rejecting nomination

paper and such provision would clearly be attracted whenever a writ petition is presented

before a Court for its consideration." In view thereof, we are not inclined to entertain

the above Writ Petition. However, it is clarified that the Petitioner can always pursue

the remedy provided under Section 15 of the Maharashtra Village Panchayats Act,

1959. If the said remedy is pursued, it will be open for the parties to raise all their

contentions. The above Writ Petition is accordingly dismissed.

( VINAY JOSHI, J. )                                        ( S.J.KATHAWALLA, J. )




SSP                                                                                      3/3