LAWS(BOM)-2018-1-204

SURYAKANT SHIVAJI MUNDE Vs. STATE ELECTION COMMISSION, THROUGH

Decided On January 12, 2018
Suryakant Shivaji Munde Appellant
V/S
State Election Commission, Through Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned counsel for parties, taken up for final hearing.

(2.) The petitioner contested the election of Kesapuri Village Panchayat and is declared as elected from Ward No. 4 on the reserved seat of Other Backward Class category. The respondent No. 11, voter of the village panchayat Kesapuri from Ward No. 4 assailed the election of the petitioner by filing election petition bearing Election Petition No. 03 of 2013 before the Civil Judge Senior Division, Majalgaon. The respondent No. 11 challenged the election of the petitioner basically on the ground that the name of the petitioner appears in the voters list for the election of village panchayat Govindwadi, Tq. Majalgaon. The election for the village panchayat Govindwadi was conducted on 26.11.2012.

(3.) Mr. S. J. Salunke, the learned advocate for the petitioner submits that, neither the Maharashtra Village Panchayat Act, 1958 (erstwhile Bombay Village Panchayat Act), (hereinafter referred to as "Act of 1958") nor Representation of Peoples Act 1950 and 1951 disqualifies a person to contest election on the ground that the name of such person appears in the voters list of two different village panchayats. The learned advocate relies on the judgment of the Apex Court in a case of Shyamdeo Pd. Singh Vs. Nawal Kishor Yadav, 2000 AIR(SC) 3000, so also another judgment of the Apex Court in a case of Baburao Vs. Manikrao and another, 1999 AIR(SC) 2028 (1). The learned advocate also relies on the judgment of the Division Bench of this Court in a case of Ramdas Sheoramji Vs. Panjab Govindraoji and others, 1970 AIR(Bom) 96.