VITHAL SAKHARAM SABLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE position in this writ petition is almost identical with that of writ petition No. 835 of 1979. Peti- tioner's nomination was rejected on the ground that he was a surety of one Bandu Daulat Saple who was alleged to be debtor of the Society named Datt Co-operative Milk Society and hence a defaulter. THE order of rejection is quashed on the limited footings which we have indicated in our detailed order in the other writ petition and the matter is remanded back to the Returning Officer who will hold the necessary further enquiry in lines with what we have directed therein. THE nomination paper will be accepted if the petitioner is able to prove what we have indicated; he must prove in the said application, otherwise rejection of nomination will stand. Parties will, however, bear their own costs of the writ petition.