DEEPAK VISHWASRAO KHULE Vs. COLLECTOR AKOLA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith, with the consent of the respective counsel.

(2.) THIS Writ Petition is directed against the impugned communication dated 12-3-2009 issued by the Returning Officer, whereby the nomination form of the petitioner for contesting the election of the Member of Ward No. 2, Gram Panchayat, alegaon Tq. Patur Dist. Akola, came to be rejected.

(3.) LEARNED counsel for the petitioner submitted that respondent No. 3-Tahsildar has declared election programme for holding bye-election for the post of member, Gram Panchayat, Alegaon on 21-2-2009. The date of filing of nomination was 9-3-2009 and the petitioner has submitted nomination form on the same day, by first depositing the Gram Panchayat Taxes due and payable in the Office of Gram panchayat. On 12-3-2009, the scrutiny of nomination form had taken place and the returning Officer rejected the nomination paper of the petitioner, in view of Rule 11 and 12 of the Bombay Village Panchayats Act, 1958 (in short "the said Act" ).