NAVANDAR NANDLAL HIRALAL Vs. DISTRICT ELECTION OFFICER

JUDGEMENT

(1.) By way of present Writ Petition, the petitioner is challenging the order dtd. 17/4/2023 passed by the respondent no. 1 - The District Election Officer (APMC) / District Deputy Registrar, Co-operative Societies, Aurangabad in Appeal No.6/2023 and the order dtd. 5/4/2023 passed by the respondent no. 2 -The Returning Officer, Agricultural Produce Market Committee, Gangapur, thereby rejecting the nomination form of the petitioner to contest the election of APMC, Gangapur from Trader Constituency. Brief facts of the present Writ Petition is as under:

(2.) The election to the Agricultural Produce Market Committee, Gangapur was due, and as such, election programme was published on 27/3/2023. The last date for submission of the nomination form was on 3/4/2023. The petitioner filed his nomination form on 3/4/2023 to the election of the Agricultural Produce Market Committee, Gangapur from traders constituency. The respondent no. 3 raised objections to the nomination form of the petitioner on the ground that the proposer of the petitioner, namely, Mahesh Navandar is disqualified to be a proposer of the petitioner, and as such, the nomination of the petitioner be rejected.

(3.) On consideration of the objections raised by the respondent no.3, the nomination form of the petitioner was rejected by the Returning Officer on 5/4/2023 on the ground that proposer of the petitioner is disqualified as per the order dtd. 16/7/2019 passed by the District Deputy Registrar, Co-operative Societies, Aurangabad under Sec. 45 (2A) of the Maharashtra Agricultural Produce Marketing [Development and Regulation] Act, 1963 [for short '1963 Act']. Thereafter, the petitioner filed an appeal against the order passed by the Returning Officer before the District Deputy Registrar, Co-operative Societies and the same was also rejected by the appellate Authority on the same ground that the proposer of the petitioner was a Committee member in last Committee, which was superseded by order dtd. 26/7/2019 under Sec. 45 (2A) of the 1963 Act and the disqualification runs for a period of 6 years from the date of order. Since the proposer was not qualified and competent to give proposal, the petitioner's nomination was rejected. The petitioner has filed the present Writ Petition, challenging the order passed by the Returning Officer, so also, the appellate authority.