REKHABAI Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) HEARD the parties. Rule returnable forthwith with the consent of the parties.

(2.) BY this petition the petitioner is challenging the order passed by the Returning Officer rejecting the nomination form filed by the petitioner, which has been confirmed by the Additional District Judge, who is the Appellate Authority under Rule 15.

(3.) THE brief facts of the case are that the said Election Commission declared the election programme in respect of the elections of Municipal Councils and accordingly date of nomination for the post of President of Municipal Council, Sindi (Railway) was fixed on 12-11-2001. The post of President of Municipal Council, Sindi (Railway) is reserved for woman (open) and as such the petitioner was entitled to contest the election to the post of President, even as per the said reservation. Accordingly, the petitioner filed three sets of nomination form for the post of President. The date for scrutiny of the nomination forms was fixed on 13-11-2001. On the said date, the petitioner was not present in person at the time of scrutiny. The nomination form of the petitioner was however rejected and while passing the said order, the Returning Officer observed that the nomination form Part A was not signed by her and, therefore, it was rejected.