PREMILA KUSHAB CHOUDHARI Vs. RETURNING OFFICER, ELECTION TO GRAMPANCHAYAT, RAMNAGAR, SAMUDRAPUR, AND OTHERS

JUDGEMENT

(1.) Rule heard finally in view of notice for final disposal issued earlier.

(2.) The petitioner had filed her nomination form for contesting the elections to the post of Sarpanch of Grampanchayat Ramnagar, Tahsil Samudrapur, District Wardha. Said nomination form was rejected on the ground that in view of the documents filed along with an objection raised to the nomination form, the petitioner and her family members had encroached upon the Government land. Being aggrieved by such rejection of the nomination form, the present writ petition has been filed.

(3.) Dr Anjan De, learned counsel for the petitioner submitted that under provisions of Section 14 (1)(j-3) of the Maharashtra Village Panchayats Act, 1958 (for short, the said Act) and in view of the judgment of the Hon'ble Supreme Court in Janabai v. Additional Commissioner and ors., 2018 5 MhLJ 921, the requirement was that the encroachment should be continuing. The nomination form of the petitioner had been rejected merely by relying upon some orders passed with regard to alleged encroachment said to be committed by the petitioner's husband in the year 2010 and onwards. There being no material on record to indicate such continuing encroachment as on the date when the nomination form was filled, its rejection was not called. He further submitted by relying upon the provisions of Rule 11 of the Bombay Village Panchayat Election Rules, 1959 (for short, the said Rules) that there was no written authorisation given to the objector for remaining present before the Returning Officer and therefore such objection raised by the respondent No.2 was not liable to be entertained. It was thus submitted that the impugned order was liable to be set aside as the nomination form had been rejected even without holding a summary enquiry as contemplated by Rule 11(2) of the said Rules.