MEENA BABU DARADE Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) By the present writ petition, the petitioner is challenging the rejection of the nomination of the petitioner for the election of the village panchayat of village Nafarwadi, Taluka - Patoda, District - Beed. The petitioner submitted her nomination form from Ward No.2 of village Nafarwadi from BCC(W) category. The nomination is rejected by the Returning Officer on the ground that the petitioner has 3 children and she is not entitled to contest the election by virtue of bar under Sec. 14(j-1) of the Maharashtra Village Panchayats Act, 1959 (for short '1959 Act').

(2.) The election program filed alongwith the petition, indicate that the respondent no.1 declared the Election Program for the Election of village panchayat Nafarwadi, Taluka - Patoda, District - Beed on 9/11/2022. As per said election program the date of notification for the election was 18/11/2022. The date for submission for nomination was 28/11/2022 to 2/12/2022, the date for scrutiny of nomination was 5/12/2022, the date for withdrawal of nomination is 7/12/2022 and the date of election is 18/12/2022.

(3.) The petitioner has pointed out that the petitioner had 3 children and one of them had expired and the death certificate of the child having expired was also placed on record alongwith self declaration filed with the nomination papers, that the petitioner has only 2 children. Further the petitioner submits that on the date of scrutiny of the nomination papers, an application was made by one of the petitioner's opponent to the Returning Officer that the Petitioner has 3 children and the petitioner be disqualified from contesting the panchayat elections. The Returning Officer without calling upon the petitioner to explain the objection, based on the material produced by the opponent, by order dtd. 5/12/2022, rejected the nomination of the petitioner. As there is no appellate remedy provided under the 1959 Act qua the rejection of the nomination, the petitioner has filed the present writ petition challenging the order passed by the Returning Officer dtd. 5/12/2022.