(1.) BY this petition, under Articles 226 and 227 of the Constitution, the two petitioners seek quashing of the order of the Returning Officer, Lakhandur Electoral Division, rejecting their nomination papers and also desire setting aside of the election of respondent No. 7 Girija Kumar Saksena as Chairman of the Lakhandur Panchayat Samiti.
(2.) RESPONDENT No. 1, N.D. Rahate, Additional Tahsildar, Sakoli, was appointed as Returning Officer at the election of members of the Panchayat Samiti in the Lakhandur Block 'which was divided into three electoral divisions, namely, Lakhandur, Choras Sarandi, and Kilaki Palandur. The petitioners filed their nomination papers according to rules within the time fixed in the election programme. Bach petitioner has filed a copy of his nomination paper. The copies of the nomination papers would show that each of the petitioners had given the serial number of the roll and also the name of the Gram Panchayat in which their names were recorded. Along with the petition, the petitioners have filed the relevant entries from the voters' lists for the Lakhandur Electoral Division in the Lakhandur Block. Respondent No. 1 rejected the nomination paper of petitioner No. 1 observing - Rejected as the full name of the candidate to that of the Gram Panchayat filled in by the candidate in form, overleaf, do not agree with those mentioned in the voters' list. This order is not supported by the contesting respondents, A bare perusal of the voters' list and the nomination paper would show that the reasons given by the Returning Officer are not correct and no fault could be found with the nomination paper on the grounds mentioned in this order. It is thus clear that the rejection of the nomination paper of petitioner No. 1 was not sustainable and is accordingly set aside.
(3.) THE nomination papers of the two petitioners were rejected by the Returning Officer on July 19, 1967. This petition was filed on July 24, 1967 and at that stage, the petitioners had prayed for staying the elections from the Lakhandur Block from which the petitioners had filed their nominations. This petition was admitted on July 27, 1967 and stay in terms of the prayer clause was also granted. It is now an admitted position that even though the prayer in prayer Clause (ii) asked for stay of elections in the Lakhandur Block No. 49, which comprises of three electoral divisions, actually the stay issued operated only in respect of the elections in the Lakhandur electoral division, and elections in this division have not been held. Similarly, in another batch of petitions which have been disposed of earlier more or less on the same grounds, the elections in the Choras Sarandi electoral division have also been stayed and have not been held. The result of the stay order thus has been that no elections under Section 57(1)(f) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (V of 1962) (hereinafter referred to as the Zilla Parishads Act), have been held in the electoral divisions of Lakhandur and Choras Sarandi, each of which are entitled to send two representatives as members of the Panchayat Samiti, Lakhandur, from amongst the panchas of the panchayats in these divisions.