UTTAMRAO SHIVDAS JANKAR Vs. RANJITSINH VIJAYSINH MOHITE PATIL

JUDGEMENT

(1.) The extent of jurisdiction of a returning officer to determine a question as to whether a nomination paper filed by an applicant to enable him to contest an election in terms of the provisions of the Representation of the People Act, 1951 (for short "the Act") on the premise that the names of the proposers were forged is the question involved in this appeal. It arises out of a judgment and order dated 26.08.2008 passed by the Bombay High Court in Election Petition No. 1 of 2004.

(2.) Indisputably, an election to the local authorities constituency Solapur for Maharashtra Legislative Council Biennial Elections, 2003 was to take place. The parties hereto contested the said election. For the said purpose, the returning officer issued a notification declaring the programme for election of the said constituency in terms whereof nomination papers were to be submitted by 14.11.2003 before 3.00 p.m. and the scrutiny thereof was to be completed in his office on 15.11.2003 at 11.00 a.m.

(3.) Appellant filed his nomination paper in the prescribed form in the office of the Returning Officer on 14.11.2003. As is required, his name was proposed by 10 voters. Sharif Mohammed Badshah Sutar and Sau. Jaymala Purnanand Mhetre (for short "the proposers") were the proposer Nos. 7 and 8 respectively. All the proposers signed the nomination papers in presence of each other as also in presence of the appellant and one Ratan Govind Pandit, brother of Proposer No. 8.