HANIFABI Vs. KAMAL

JUDGEMENT

(1.) This petition is directed against the order dated 13-9-1972 passed by Civil Judge, Senior Division, Washim, setting aside the election of Ward No. 4 of the Malegaon Gram Panchayat held on 25-5-1970, including the election of the petitioner as a woman candidate from that ward, under Section 15 of the Bombay Village panchayats Act, 1958.

(2.) Ward No. 4 of Malegaon was a double member constituency and one seat was reserved for a woman candidate. The elections to the village Panchayat were to be held on 24-5-1970. The nominations were to be submitted by 6-5-1970. The scrutiny thereof was to be done on 7-5-1970, and the counting was scheduled for 25-5-1970.

(3.) The petitioner had filed her nomination before the prescribed date, specifically disclosing therein that she was contesting for the "reserved seat". The respondents 1 to 4 had also filed their respective nominations for the general seat. Respondent No. 1 was a voter, from Ward No. 6. She had however filed her nomination paper for election from Ward No. 4. All the nomination papers were scrutinised by the Returning Officer on 7-5-1970. In the said scrutiny, the Returning Officer found that the respondent No. 1, Kamal was disaualified to be a member of Gram Panchayat, inasmuch as she was a defaulter within the meaning of Section 14 (h) of the Bombay Village Panchayats Act. He, therefore, rejected her nomination paper. An appeal against that rejection was filed by respondent No. 1, Kamal, under Rule 12 (4) of the Bombay Village Panchayats Elections Rules, 1959, before the Tahsildar, Washim, who rejected that appeal on 11-5-1970. The petitioner was the only woman candidate left in the field and she was declared elected by the Returning Officer, Respondent No. 2 was declared elected to the general seat.