SHANKAR GANPATI TAMBVEKAR Vs. RANGARAO ABAJI

JUDGEMENT

(1.) This matter can be disposed of at the admission stage.

(2.) There are two petitioners in this Writ Petition. In case of petitioner No. 1 Shankar Ganpati Tambvekar we think the petition can be disposed of immediately. We shall just indicate briefly our reasons for this view.

(3.) The nomination paper of this candidate is handed over to us. According to this petitioner he submitted two forms one for the borrower category and one for the weaker section category. In our opinion, the rejection of the form where petitioner No. 1 wants to contest for the weaker section has been improperly rejected inasmuch as the Advocate for respondent Nos. 1 and 2 has conceded that no loan was outstanding against the petitioner No. 1 on the date on which his form was rejected. If that be so then in our opinion, the provisions contained in Section 48 (b) can have no application and the rejection of his nomination for this constituency would be obviously bad. Thus the rejection of the form tendered on 3rd October, 1985 for the weaker section category is improper as far as the petitioner No. 1 is concerned.