Bombay High Court
Jayashri Jambuvantrao Rathod vs State Of Maharashtra, Thr. ... on 17 January, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 2510/2021
Jayashri Jambuvantrao Rathod,
Aged 40 years, Occ. Household,
R/o. Waghjali, Tah. Pusad,
District Yavatmal. PETITIONER
VERSUS
1. State of Maharashtra
Through its Secretary,
Rural Development Department,
Mantralaya, Mumbai - 32.
2 The Secretary, State Election Commission
(Maharashtra), Mumbai.
3 The Collector, Yavatmal.
4. The Returning Officer/Tahsildar,
Gram Panchayat, Belora (B), Tah. Pusad,
District Yavatmal.
5. Sandhya Dilip Ade,
Aged 33 years, Occ. Household,
R/o. Waghjali, Tah. Pusad,
District Yavatmal. RESPONDENTS
Mr. H. R. Dhumale, Advocate for Petitioner.
Mr. A. S. Fulzele, Additional Government Pleader for Respondent Nos.1,
3 & 4/State.
Mr. I. M. Ghongade, Advocate for Respondent No.2.
CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.
DATED : JANUARY 17, 2023
ORAL JUDGMENT (PER : A.S.CHANDURKAR, J.)
1. Rule. Rule made returnable forthwith and heard the learned
Counsel for the parties.
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2. The petitioner and respondent No.5 were candidates who
contested election for the post of member of Ward No.3-B of Gram
Panchayat Belora (B). The nomination form of respondent No.5 came to
be rejected by the Returning Officer on 31.12.2020. Being aggrieved, the
respondent No.5 filed Writ Petition No.63/2021. On 04.01.2021, the
learned Single Judge passed an interim order pursuant to which the
respondent No.5 contested the said elections. The respondent No.5 was
declared as elected in the said election as per the certificate issued by the
Returning Officer on 11.02.2021. However on 10.02.2021 Writ Petition
No.63/2021 came to be dismissed as not maintainable and the interim
order dated 04.01.2021 was vacated. The respondent No.5 challenged the
said order before the Hon'ble Supreme Court but the Special Leave
Petition was dismissed on 29.04.2021. Respondent No.5 has thereafter
filed an Election Petition under Section 15 of the Maharashtra Village
Panchayats Act, 1958 (hereinafter referred to as "the Act of 1958")
challenging the rejection of her nomination papers. Those proceedings are
pending.
3. After hearing the learned Counsel for the parties, we find that
the similar issue was decided by this Court in Salma Bi Vs. Collector,
Buldana and Others [(2022) 2 Bom.CR 337]. It was held that if the
election is contested on the strength of an interim order and that interim
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order is subsequently vacated, the consequences thereof would follow. As
a result, since there were only two candidates in the present election and
the rejection of the nomination paper of respondent No.5 operates, the
petitioner ought to be declared elected unopposed. We find that in the
present case, the ratio of the said decision would be squarely attracted.
4. In view of the aforesaid, following order is passed :
i] For the reasons stated in the decision in Salma Bi
(supra), it is declared that the petitioner stands elected
unopposed as a member of Ward No.3-B of Gram
Panchayat, Belora (B). The respondent No.4 shall
accordingly issue necessary certificate in favour of the
petitioner.
ii] The respondent No.5 can pursue the election petition
preferred by her under Section 15 of the Act of 1958 in
accordance with law. The present declaration is subject
to outcome of that election petition. The election
petition shall be decided on its own merits and in
accordance with law expeditiously and preferably
within a period of nine months from the next date of
the proceedings.
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5. Rule is made absolute in the aforesaid terms. No costs.
(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)
RGurnule .
Digitally signed byRANJANA
MANOJ MANDADE
Signing Date:19.01.2023
17:24
