DHONDIRAM S/O DAULATRAO GHORPADE Vs. COLLECTOR AHMEDNAGAR

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. With the consent of the learned counsel for the parties the petition is being disposed of at the stage of admission.

(2.) BY this petition, the petitioner challenges the orders rendered by the Scrutiny Officer,and the Appellate Authority, whereby his nomination form and Appeal, respectively, were rejected. He had filed nomination form, for the elections, which were declared as per scheduled programme of elections for Kukadi Sahakari Sakhar Karkhana Ltd. Pimpalgaon Pisa, Ta. Shrigonda. The petitioner filed his nomination form, from Bhangeaon constituency. The scrutiny was to be effected on 9th April, 2010. The Returning Officer scrutinized his nomination form and pointed out to him that there was deficiency in view of the non-compliance of Rule 16 of the Maharashtra Co-operative Societies Election to Committee Rules, because he had not supplied sugar cane crop for the period of three years, preceding the period of election. The petitioner explained to the Returning Officer that he could not cultivate the sugar cane crop due to drought like condition. He submitted his written explanation that there was no water storage available in the well situated in his agricultural land, and as such he could not cultivate Sugar cane crop in the relevant years. The explanation was rejected, so also his nomination form came to be rejected. He had preferred Appeal No.20 of 2010. It has been dismissed by the learned Additional Commissioner Nashik, Division Nashik by impugned judgment and order dated 19th April, 2010.

(3.) HEARD learned counsel for the parties and learned Assistant Government Pleader.