KISHOREBHAI VALLABHBHAI DHAMELIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEAVE to join Returning Officer, Jaliya Gram Panchayat, Taluka Gariadhar as party respondent No.5.

(2.) RULE . Shri Rakesh Patel, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent No.1. Shri D.R. Modi, Law Officer of respondent No.2, who is personally present in the Court and who has been served with the copy of the notice of the petition, waives service of notice of Rule on behalf of respondent No.2. Shri P.D. Navadiya, Assistant Returning Officer, who has remained present along with the entire record, waives service of notice of Rule on behalf of respondent No.5 Returning Officer, Jaliya Gram Panchayat In the facts and circumstances of the case and considering the fact that the election of the Member of Jaliya Gram Panchayat is scheduled on 03.02.2013, we have taken up the matter for final hearing today.

(3.) IT appears that petitioner has filled in the form/nomination form to contest the election for the post of Member of Jalia Gram Panchayat, Taluka Gariadhar and by impugned decision/communication dated 22.01.2013, his nomination form has been rejected on the ground that in the nomination form, ward number and serial number of the petitioner in the voters list has not been mentioned. The nomination form has not been rejected on any other ground. We have seen the original nomination form filled in by the petitioner which has been produced by the Assistant Returning Officer and it appears that in the form, ward number of the petitioner in the voters list has been specifically mentioned. However, there is some overwriting on serial No.14 in the voters list and it appears that it is corrected from serial No.14 to serial No.38. From the voters list it appears that name of the petitioner figures in the said voters list at serial No.14 in the ward No.7 of Jalia Gram Panchayat. It cannot be disputed and it is not disputed that even under the Rule 12(3) of the Gujarat Panchayats Election Rules, 1994, on the presentation of a nomination paper, the Returning Officer shall satisfy himself that names and numbers in the list of voters of the candidate, his proposer and seconders as entered in the nomination paper are the same as those entered in the list of voters, and if not, invite the attention of the candidate or the proposer or seconder as the case may be to this effect and provided that Returning Officer shall permit any clerical or technical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them in conformity with the corresponding entries in the list of voters. In the present case, admittedly, the attention of the petitioner candidate with respect to the discrepancy has not been drawn and no opportunity has been given to the petitioner to correct the error. It is required to be noted that even as per Rule 15(4) of the aforesaid Rules, the Returning Officer shall not reject the nomination form on technical ground.