SOW GIRIKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner and respondent nos. 3 to 5 filled in nominations for the election of Councillor of Gevrai Municipal Council from Ward No. 2B.

(2.) THE objection was taken to the nomination of respondent no. 3 on the count that she is having five (5) children and one child born after the cut off date, as such is disqualified. The Returning Officer rejected the nomination of respondent no. 3. Respondent no. 3 filed Appeal before the District Court. The District Judge allowed the Appeal of respondent no. 3 and directed the Returning Officer to accept the nomination paper of respondent no. 3. Aggrieved thereby, the present Writ Petition is filed.

(3.) MR. A.M.Gaikwad, the learned counsel for respondent no. 3 supports the order and submits that the petitioner has only one child and the children born to her husband from his first wife, can not be construed as children of the petitioner.