TULSABAI Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) RULE returnable forthwith. Heard by consent.

(2.) THIS petition is directed against the order of the Additional Commissioner, Amravati Division, Amravati dated 11th November, 2003 by which the Additional Commissioner has upheld the finding of the Additional Collector that the respondent had not completed 21 years at the time of nomination, but, nonetheless declined to exercise powers under Section 16 of the Bombay Village Panchayat Act.

(3.) RESPONDENT No. 3 Sharda submitted her nomination for election to the post of Member, Gram Panchayat. It confirmed that she has not completed the age of 20 years. Since Section 13 of the Bombay Village Panchayat Act provides that only a person who is not less than 21 years of age is qualified to be elected for any ward of the village, the petitioner applied for having respondent No. 3 disqualified under Section 16 of the Bombay Village Panchayat Act. Section 16 reads as follows: