LAWS(BOM)-2010-6-9

DINKAR UTTAMRAO PATIL Vs. STATE OF MAHARASHTRA

Decided On June 18, 2010
DINKAR UTTAMRAO PATIL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with consent of learned counsel for the parties, heard finally.

(2.) The petitioners challenge acceptance of nomination form of the respondent No.4 for the contemplated elections of the Agricultural Produce Market Committee, Sakri (District Dhule). The objection raised by the petitioners at the time of scrutiny of the nomination papers is rejected by communication dated 31st May, 2010. The Returning Officer held that since the respondent No. 4's name appears in the voters' list and he has duly complied with the required conditions of filing documents alongwith the nomination paper, the objection cannot be sustained. The communication issued by the respondent No. 3 - Returning Officer is also being challenged by the petitioners.

(3.) The election programme for the election of May, 2010. The scrutiny of the nomination papers was to be conducted on 31 Agricultural Produce Market Committee, Sakri is published on 13th May, 2010. There were eleven (11) posts of Directors from the constituency of Co-operative Societies i.e. Seva Society Matdar Sangh. The respondent No. 4 filed his nomination as a candidate from the said constituency i.e. from the constituency of the Co-operative Societies. The election programme shows that the period for filing nomination forms was between 14th May, 2010 and 4 p.m. of 28th May, 2010. The Scrutiny of the nomination papers was to be conducted on 31 st May, 2010 and the list of valid candidates was to be published on 1st June, 2010. The objections were to be decided on or before 7th June, 2010. The appeal was to be decided on 15th June, 2010. The final list of the candidates is to be published on 18th June, 2010 i.e. today. The voting will be on 4th July, 2010.