Sau. Shubhangi Abhaysinha More vs The State Of Maharashtra Through ...
2021 Latest Caselaw 940 Bom

            Digitally signed by
Swaroop     Swaroop S.
            Phadke
S. Phadke   Date: 2021.01.16
            17:44:15 +0530
                                                                       6 wpst 188 of 2021.doc

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                       WRIT PETITION (ST) NO.188 OF 2021

Shubhangi Abhaysinha More                                  ...      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 Mundhewadi 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 Mundhewadi, Taluka Pandharpur, Dist.

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

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

Wards i.e. Ward No.2-B and Ward No.2-C of the Village Panchayat Mundhewadi,

Tal. Pandharpur, Dist. Solapur. The elections are scheduled to be held tomorrow i.e.

15th January, 2021.

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 two nominations i.e.

from Ward No.2-B and Ward No.2-C, was required to withdraw her nomination from

one of the two Wards. The Petitioner by her letter dated 4 th January, 2021 informed

the Returning Officer that she is desirous of withdrawing the nomination form from

Ward No.2-B and would like to continue her candidature from Ward No.2-C.

However, in the final list of valid nominations issued on 4 th January, 2021, the

nomination/candidature of the Petitioner is not shown. In other words, the

nomination of the Petitioner was rejected.

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

any reason as to why the nomination of the Petitioner from Ward No.2-C was rejected

and her name is not shown in the final valid list of the candidates. However, in the case

of Karmaveer Tulshiram Autade and Ors. V/s. State Election Commission and Ors.,

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the Full Bench of this Court has in its Judgment dated 13 th 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. )




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