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Bombay High CourtWP/1601/2017rejected

Tanaji Ramchandra Nimhan v. Returning Officer Pune Municipal Corporation

2017-02-06Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Naresh H. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1601 OF 2017 Shri Tanaji Ramchandra Nimhan ...

Petitioner V/s.

Returning Officer for Pune Municipal Corporation ...

Respondent Mr. Amol Gatne i/b. Mr. S.B. Deshmukh for the petitioner. Mr. S.B. Shetye for the respondent.

CORAM :

NARESH H. PATIL AND M.S. KARNIK, JJ.

6th February, 2017.

P.C.

Not on Board. Upon production taken on Board. 2.

The petitioner submitted online nomination form from Ward No. 9(B). Admittedly form 9(B) is reserved for women. The petitioner is a male candidate. At the time of scrutiny, petitioner submitted hard copy by correcting Ward No. 9(B) as 9(D). Copy of order passed by the Returning Officer is not placed before the Court, however, learned Counsel

2/2 pp3wp1601.17.sxw appearing for State Election Commission submitted that Returning Officer has rejected the nomination paper on the said ground. 3.

In the facts, no interference is warranted under extraordinary writ jurisdiction of this Court. Petitioner has alternate statutory remedy under Section 16 of Maharashtra Municipal Corporation Act, 1949 which is kept open. Petition stands rejected.

(M.S. KARNIK, J.) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.