(1.) Heard learned counsel for respective parties. The challenge in the present petition under Articles 226 and 227 of Constitution of India is tothe order dated 19.1.2011 passed by Joint Civil Judge, Jr. Dn. , Mehkar, in Election Petition No. 1 of 2008, dismissing the same.
(2.) Petitioner filed that election petition pointing out that rejection of his nomination paper on10.12.2007 by Returning Officer under section 14(1)(h)of the Bombay Village Panchayats Act, 1958 is bad andas the rejection of nomination paper is unsustainable, the petitioner prayed for quashing and setting asideof the election from Prabhag No. 3. His contentionwas, no bill as contemplated by Section 14(1)(h) read with Section 129(1) of the Act of 1958 was served upon him at any point of time. The respondent No. 11 hadrelied upon the communication dated 19.11.2003. The said document was admitted and is not in dispute.
(3.) The petitioner did not lead any evidence before the trial Court and as he did not lead any evidence the trial Court concluded that the documents were not proved and petitioner did not establish that he was not defaulter. It, therefore, dismissed the election petition.