GIRIKA BADAMRAO PANDIT 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.) RELYING on the aforesaid judgment, the learned Counsel contends that even in Mohmaddans, four (4) marriages are permissible and even if the husband has one (1) Child from each marriage, still that is not permissible in view of the said judgment. According to the learned Counsel, the District Judge has committed an error in directing the Returning Officer to accept the nomination paper of respondent No. 3.