LAXMAN NARAYAN POKALE Vs. BLOCK DEVELOPMENT OFFICER

JUDGEMENT

(1.) The petitioner Laxman Narayan Pokale was a candidate for election to the Gram Pauchayat of Mouza Hmgni from ward No. 3. The Gram Panchayat was to consist of thirteen members out of which two seats were reserved for women candidates. The programme announced for the election was as follows: - (i) The last date for filing nominations was ... 22 -9 -1961 (ii) Scrutiny of the nominations was to take place on ... 23 -9 -1961 (iii) The last date for the withdrawal of nominations was ... 4 -10 -1961 & (iv) The election was scheduled to be held on ... 18 -10 -1961.

(2.) THE petitioner and respondents Nos. 3 to 10 had filed their nominations; but by an order passed on September 23, 1961, respondent No. 2, who was the Returning Officer for the election rejected the nomination, of the petitioner. An appeal was preferred before respondent No. 1, the Block Development Officer, but it was also rejected on September 27, 1961, with the result that the petitioner's nomination stood rejected. It is against these orders rejecting his nomination that the petitioner applies to this Court under Articles 226 and 227 of the Constitution.

(3.) SECTION 14(1) of the Bombay Village Panchayats Act runs as follows: - 14. No person shall be a member of a panchayat, or continue as such, who -...(i) is a servant of the Government or a servant of any local authority;