JYOTI PATINAGRAO PATIL Vs. DILIP DHANRALE

JUDGEMENT

(1.) THE petitioner came to be elected as member of Grampanchayat Wanegaon against a seat reserved for O. B. C. Woman category. A meeting was convened for electing Sarpanch and Upa-Sarpanch on 12-9-2005. The post of Sarpanch was reserved for O. B. C, woman category. The respondent no. 2 though a candidate belonging to o. B. C. Woman category, had contested the election from General Woman category. A nomination paper was submitted on behalf of respondent no. 2 well in time to the Election Officer but the nomination paper was returned on the ground that the same was not accompanied with the caste certificate indicating that the respondent no. 2 belongs to O. B. C. category. Before the scheduled time of the meeting viz. 2 p. m. , the respondent no. 2 had submitted her nomination form accompanied with the caste certificate but the same was also returned back saying that the time for filing nomination paper had lapsed. The meeting could not be held at the scheduled time on 12-9-2005 for want of quorum and hence it was scheduled on the next day. On the next day, only 3 members out of 7 attended the meeting and the petitioner came to be elected. Aggrieved by rejection of the nomination paper, the respondent no. 2 filed a dispute before the Collector and the Collector allowed the dispute and after setting aside the election of Sarpanch and Upa-Sarpanch, wherein the petitioner was elected as Sarpanch, directed holding of fresh election. This order of collector was questioned by filing an appeal before the Additional commissioner, Nashik Division , Nashik. The appellate auttiorty viz. the additional commissioner concurring with the view taken by the Additional collector, Jalgaon, rejceted the appeal. Aggrieved thereby, the instant petition has been filed.

(2.) LEARNED Counsel for the petitioner submitted that the decision of the Election Officer is legal and proper. However, he has failed to point out any provision which require filing of caste certificate along with the nomination form. The scheme in regard to election of Sarpanch and Upa-Sarpanch to be found in the Bombay Village Panchayats (Sarpanch and upa-Sarpanch) Election Rules, 1964, is that the nomination has to be filled not less than two hours before the time fixed for the meeting for election of Sarpanch and Upa-Sarpanch. A member cannot nominate more than one candidate for the office of Sarpanch or Upa-Sarpanch. Rule 8 lays down the eligibility of person who acts as a proposer, and Rule 9 is the crucial rule which deals is with scrutiniy of the nomination and the point of time when the scrutiny has to take place. The opening words of rule 9 reads thus:-

(3.) IN this view of the matter, no interference is called for. The Writ petition fails and the same is dismissed summarily. Petition dismissed