TALUKA SANGOLA Vs. SHAIKH AMINABAI ABBUBKAR

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Counsel appearing on behalf of the Respondents waive service. By consent taken up for hearing and final disposal.

(2.) On 14th January 2003, the Additional District judge, Pandharpur, dismissed two election petitions challenging the election of Chhaya Arun Patil, as president of the Municipal Council of Sangola on a seat reserved for women. One of the two election petitions was filed by a defeated candidate, while the other was by a voter of the Constituency. Aggrieved by the rejection of the election petitions these two election Petitioners have moved this Court in proceedings under Article 227 of the constitution. The third writ petition has been filed by the elected candidate in order to challenge the decision of the Additional District judge in so far ,as he held that she had incurred a disqualification under Section 16 (1) (i) of the maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1963 ("the Act"). Though the Trial Court came to the conclusion that a disqualification had been incurred, the election petitions came to be rejected solely on the ground that the validity of the nomination of the elected candidate had not been objected to before the returning Officer.

(3.) The election program to the post of the president of the Municipal Council of Sangola was declared on 2nd November 2001. The last date for submission of nominations was 9th November 2001. The scrutiny of the nomination papers was conducted on 13th November 2001 upon which a final list of voters was published. The last date for the withdrawal of nominations was 20th November 2001; the list of candidates was published on 21st november 2001 and voting was held on 2nd December 2001. The results of the election were declared on 3rd December 2001. The seat of the President was reserved for women. The Fifth Respondent in Writ petitions 7949 and 7970 of 2003 was declared elected. The name of the returned candidate was published in the Official Gazette on 6th December 2001. Both the election petitions were instituted within a period of ten days thereafter and, therefore, within the period of limitation prescribed by Section 21 of the Act.