RABARI SANJAY MOHANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE petitions challenge the decision of respondent No.2 -Election Officer rejecting the petitioners' nomination forms for elections of members of Morpa Gram Panchayat in Patan district. All the petitioners had submitted their nomination forms on 23.3.2007; the last date for submitting the forms was 24.3.2007; the date of scrutiny of such forms was 26.3.2007 and the date of withdrawal of nomination forms was 28.3.2007.

(2.) THE present petitions were filed on 29.3.2007 with a grievance that when the petitioners went to the office of the Election Officer on 23.3.2007, the petitioners were specifically informed by the Election Officer that the signatures in parts 8 and 9 of the nomination forms and the signatures in the verification column were not to be put by the petitioners except in presence of the Election Officer on 26.3.2007. The petitioners accordingly submitted the nomination forms without such signatures in parts 8 and 9 and in the verification column in the nomination forms. However, on 26.3.2007, the Election Officer declared the nomination forms of the petitioners as invalid on the above ground without permitting the petitioners to put their requisite signatures on the nomination forms. The petitioners also submitted their letters dated 26.3.2007 requesting for permitting the petitioners to put their signatures in the nomination forms, but the Election Officer without giving any such opportunity proceeded to declare the petitioners' nomination forms as invalid on 26.3.2007. Thereafter on 28.3.2007, six dummy candidates withdrew their nomination forms leaving in fray only six candidates for seven seats of the members of Morpa Gram Panchayat. Aggrieved by the said action and decision on the part of the Election Officer, these petitions were filed on 29.3.2007.

(3.) BY our order dated 3.4.2007, notices were made returnable for final disposal.